California Family Code 3030

California Family Code 3030 Attorney

Child custody battles can be some of the most continuous and emotionally difficult aspects of family law in California. Add in the element of one parent being convicted of certain criminal charges or having to register as a sex offender in the state, and these circumstances can become even more complicated. Thankfully, California Family Code 3030 states clearly how to handle these cases, should a criminal conviction arise during a child custody battle.

At Quinn & Dworakowski, LLP, we understand that you want to act in the interest of your child while still protecting them from any potential harm, even if that harm comes from another parent. In most cases, if a parent has been convicted of child abuse or has been required to register as a sex offender, the courts will not grant this individual custody unless doing so would be in the interest of the child.

What Is California Family Code 3030?

When an individual is seeking custodial or visitation rights over their child but is suspected or convicted of child abuse, domestic violence, or being a threat to the child’s safety, these rights might be denied by the courts. Under California Family Code 3030, the courts must typically adhere to very strict guidelines when dealing with child custody battles that involve one or both parents being convicted of certain criminal charges.

If an individual has been required to register as a sex offender after committing a crime involving a minor victim in California, they will not be granted legal or physical custody of their child. They will also be barred from having unsupervised visitation rights. This can only be changed if the courts find that there is no danger to the child and their rationale for this ruling is recorded. The child will also not be allowed into this individual’s home unless the court states otherwise.

Additionally, no one can be granted legal custody, physical custody, or visitation rights over a child if that individual conceived the child through an act of sexual assault. The same applies to an individual who has been convicted of first-degree murder in a case where the victim was the child’s other parent unless the courts find that there is no risk of danger to the child.

Quinn & Dworakowski, LLP: Your California Child Custody Lawyers

When seeking to protect your child from their criminally convicted parent, know that there are options available to you under California Family Code 3030. At Quinn & Dworakowski, LLP, we understand the legalities that go into these nuanced child custody cases. Our firm can work to protect your child, prove what is in the interests of the child, and show how you, as their parent, should retain full custody when the other parent is a convicted criminal.

We understand that this can be an emotionally challenging time. You are most likely feeling frightened and uncertain about your future and that of your child. With over 30 years of experience in the complexities of family law, the attorneys at Quinn & Dworakowski, LLP, have the resources necessary to fight for your rights as a parent. We can protect your child and uphold their interest when a parent is convicted of criminal charges.

Common Types of Custody in California

In California, parents can seek one or more of a few types of child custody, even those with certain criminal charges or who are registered sex offenders. These include:

• Joint Legal Custody: This enables both parents to make decisions regarding their child, such as those concerning healthcare, religion, and education.
• Joint Physical Custody: This enables each parent to have physical time spent with their children, though it may not be an even 50/50 split.
• Sole Legal Custody: This allows only one parent to make decisions regarding their child’s healthcare, education, religion, and other key issues.
• Sole Physical Custody: This only allows one parent the right to have the child live with them, and this child may or may not have visitation with their other parent.

FAQs About California Family Code 3030

How Much Does a Child Custody Attorney Charge in California?

In California, it would be difficult to assign an exact number as to how much a child custody attorney might charge for their services. Several factors will ultimately affect the final cost of legal representation. These can include the complexity and duration of the case as well as the location, skill level, effort, and experience of your attorney.

How Do the Courts Determine the Interest of the Child in California?

In California, the courts will take various factors into consideration when determining the interest of the child, especially in cases involving child custody or visitation rights. These factors can include:

• The health and age of the child
• The emotional relationship between the child and their parents
• Any history of violence, domestic abuse, or sexual abuse by either parent
• The ability of each parent to care for the child in question

If I Have a Criminal Record, Will I Automatically Lose Custody in California?

No, if you have a criminal record, you will not automatically lose your chance to obtain custody of your child or secure visitation rights. However, depending on the nature of your criminal charges and convictions, it can prove difficult to retain your rights as a parent. An experienced family lawyer in California can explore your options.

What Makes a Parent Unfit in California?

In California, the courts will take several factors into consideration before deeming a parent unfit to have custody of their children. These often include:

• The parent cannot properly care for the needs of the child.
• There is proof of sexual abuse, child abuse, domestic violence, or child neglect.
• The parent has an otherwise unsafe home environment.

Contact a Trusted Child Custody Attorney Today

You may be dealing with a child custody battle in which the other parent has been convicted of certain criminal charges. Perhaps the other parent is being required to register as a sex offender. Fortunately, you have certain rights under California Family Code 3030. Contact the attorneys at Quinn & Dworakowski, LLP, to learn more about how to protect yourself and the interests of your child.