California law requires that child custody orders be based primarily on the
best interests of the children.

• The health, safety and welfare of the child;
• Any history of child, spousal or intimate partner abuse or violence
• The nature and amount of contact of the children with both parents
• The habitual or continual use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent.

It is important to have a court order regarding child custody, for many reasons.  These reasons include the need for children to have stability in their lives and the need for parents to have clear and enforceable guidelines in place as to their relative timeshare and responsibility for the children.  Such guidelines can specify detailed arrangements for the sharing of custody, and may include:

• a set timeshare schedule for each parent, locations and times for exchanges of the children;
• orders regarding the parents’ responsibility for determining children’s religious education, schooling and health care;
• orders regarding the circumstances under which a parent may relocate with the children to another geographic area;
• whether third parties, including grandparents, other relatives, or others may have contact with the children; and
• prohibitions or restrictions on a parent’s consumption of alcohol or controlled substances.

Without such guidelines, it is easy for disputes, misunderstandings, and arguments to get in the way of each parent’s ability to care for the children. On the other hand, where parents have established such guidelines by agreement or court order, the chance of successful co-parenting is enhanced.

I Want to Relocate to Another Area:
Can I Take Our Children With Me?

The courts in such cases will consider a number of factors in determining whether the children will suffer detriment from relocation and whether custody should be modified. These factors include:

• the children’s interest in stability and continuity in the custodial arrangement;
• the distance of the move;
• the children’s ages;
• the children’s relationship with both parents;
• the relationship between the parents, including their ability to communicate with each other in the best interests of the children
• the children’s wishes, if they are mature enough to make that inquiry appropriate
• the reasons for the proposed move; and
• the extent to which the parents are currently sharing custody.

Relocation is a complicated area of law, and the stakes for both parents and the children are high in such situations. If you or the other parent of your children is considering a move-away, you need the services of an experienced and skilled attorney. The Law Offices of Claudia Silverman, A.P.C., in Oxnard, can help you.

Create A Parenting Plan
That Suits Your Family.

Our firm helps parents throughout Oxnard, Ventura, Camarillo, Thousand Oaks or Westlake Village who need assistance with child custody issues. Claudia Silverman has over 30 years of experience and is a Family Law Specialist, Certified by the California State Bar Board of Legal Specialization.

Unmarried Parents May Need
Legal Help With Child Custody

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