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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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California family lawyerUnder California’s Child Abuse and Neglect Reporting Act (CANRA), certain people are required to make a report to law enforcement when they reasonably suspect that a child may be the victim of abuse or neglect. These reports will trigger an investigation, and if a social worker believes that there is evidence that the alleged abuse was likely to have occurred, they will forward the substantiated report to the California Department of Justice (DOJ), and the alleged abuser will be placed on the Child Abuse Central Index (CACI).

Being listed in the CACI can have a major impact on a person’s life, affecting their ability to find employment, serve as a volunteer, adopt a child, or act as a foster parent. Fortunately, California law provides people with the ability to dispute their inclusion in the CACI.

CACI Grievance Hearings

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California family lawyerChildren are some of the most vulnerable members of our society, especially when they are in danger of abuse by the people who are responsible for raising and caring for them. In order to help keep children safe, the state of California has put several laws in place designed to protect them from abuse and neglect, including the establishment of the Child Abuse Central Index (CACI). However, these laws can negatively affect people who are falsely accused of child abuse. During child abuse investigations, it is important to know your rights and understand how the laws affect you.

Understanding the CACI

In California, when a report of suspected child abuse or severe neglect is made to a law enforcement agency, a social worker will investigate the situation. If they find that the report is substantiated (meaning that they believe that it is more likely than not that the alleged abuse actually occurred), their report will be forwarded to the Child Abuse Central Index, which is administered by the California Attorney General.

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California divorce lawyerWith Thanksgiving recently passing and the December holidays just around the corner, child custody and visitation issues may arise, especially if you, your ex-spouse or partner, and children will be celebrating separately for the first time. When these issues surface, it is imperative to clearly establish parenting time (sometimes termed “visitation”) through a formal plan.

When parents and children understand and can anticipate how and when parenting time is to occur, the stress and conflict associated with change and new arrangements will diminish rather than escalate. In meeting your child custody and parenting time needs, work together with an experienced Cupertino family law attorney.

A Parenting Plan Is a Custody and Visitation Agreement Between Parents

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California divorce attorneyChild custody is often an issue of paramount importance in Bay Area divorce proceedings. While each parent may already have secured stability in terms of career, health, and future plans, a child, especially if young, is still developing intellectually, physically, and emotionally. When parents divorce, the impact on these areas of a child’s development can have both short-term and long-term effects. For this, courts in California do not rely on a default framework with regard to child custody.

In other words, rather than automatically awarding custody of a child to the mother or father based on a single reason, the court considers what is in the best interests of the child. In this consideration, courts evaluate several primary factors related to the child’s wellbeing and environment. A skilled Los Gatos child custody attorney is well acquainted with these factors and how California courts weigh them.

Age, Health, Emotional Ties, and Parental Ability Are Among the Relevant Child Custody Factors in California

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California custody lawyerIf you and your ex cannot agree on a child custody schedule, a court will get involved to make one. When making this determination, California law instructs that courts must consider the best interest of the child.

This means that the desires of the parents are not given much weight, except as to how they relate to the child’s best interest. Also, it should be noted that this calculus is related only to physical custody not legal custody. Legal custody refers to the rights of the parents to make all critical decisions that affect the child's life.

The law further outlines what factors should be weighed in deciding what custody arrangement is in the best interest of the child. Your Campbell family law attorney can discuss the specific circumstances in your case, but generally, these factors include:

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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