What is the Family Law Code for a Parent that is least willing to consent visitation for the other parent?


family law
eside61 asked:


Santa Clara County California.
I know there is a family law code that give the other parent primary custody just because the current primary Custodian is least likely to consent or give the other parent more custody and visitation time. The other parent has fought endlessly to give the other parent any kind of extra visitation….

This entry was posted on Monday, July 5th, 2010 at 12:00 am and is filed under Law & Ethics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

3 Responses to “What is the Family Law Code for a Parent that is least willing to consent visitation for the other parent?”

  1. towwwdothello Says:

    That usually depends whether there are issues of abuse, neglect or other problems. Each case is unique. They cannot normalize a family situation, since all families are different (it’s a complete falacy of construction)–that’s what the court is charged with deciding. towwwdothello

  2. James Says:

    No law does so automatically. Family Code 3040 a(1) says that the judge must consider which parent is more likely to allow frequent and continuing contact with the noncustodial parent, but there are a host of other factors to consider and the judge could decide to go against that determination. Note that this only deals with custody given to one parent. In joint custody, selecting the primary caretaker does not involve this consideration. James

  3. George McCasland Says:

    What are the circumstances? Are you a single or divorced father? Do you have court orders? If you are a single father, have you applied to the courts for parental rights? Single fathers have no assumed rights.

    If you have court orders, are the orders being violated, or are you wanting more time?
    \\\\\\\\\\\\ George McCasland

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