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CA family lawyerWhen parents decide to end their marriage and get divorced, their divorce decree will include the decisions made about child custody and visitation, including the rights both parents have in making decisions regarding how their children will be raised and schedules for the time that children will spend with each parent. The decree serves as a court order, and parents are required by law to follow its terms. Unfortunately, situations often occur in which one parent interferes with the other parent’s custodial rights or parenting time. In these cases, it is important for parents to understand their options for enforcing their custody order.

Enforcement of Court Orders

Interference with custody or visitation can occur in a variety of ways. One parent may not inform the other about children’s medical treatments or educational needs, or they may fail to consult with the other parent when making important decisions. A parent may refuse to allow the other parent to spend visitation time with their children, possibly because there is a dispute about the payment of child support. In the worst cases, a parent may abduct their child, taking them away from the other parent and cutting off communication.

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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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