We will discuss at the outset the relevance of status quo (parenting time, bonding, etc.) and what weight it should have on the initial and ongoing child custody orders?
Another exception to the status quo rule is if that absent parent was absent as a result of the other parent’s actual or threatened domestic violence or family violence.Under some circumstances, there is even a presumption in effect that the order should go back to the way it was before deployment.However, like nearly everything else in California child custody law, the child’s best interest is of paramount importance when evaluating it.The mother gets primary custody although no modifications to the court order was made. The father serves his time in active duty and then returns. First, let’s discuss what a family court cannot do.The father wants to return custody and parenting time to how it was. The family court cannot make a modification to custody or visitation solely on a parent’s absence or relocation or failure to comply with the order that resulted from active military service and deployment outside the State of California.It is not a substitute for legal representation or advice. To contact us, please call us at any one of our three offices or complete the form at the end of this guide. You are here so that tells us you are either expecting a contested case or you are in the middle of one. There is a lot of truth to that statement, especially when divorce and child custody collide. There are some instances where custody must be litigated to protect the best interests of the children. Before we delve into substantive child custody law, consider reviewing our articles on the topic of and specifically the “home state” application of the rules.