Child Custody Laws San Jose CA

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Normally, the judge deciding child custody matters will consider the parents' wishes, the child's wishes, the relationship of the child to his siblings or others with whom he has contact, the child's likely adjustment to home, school, and community, and the mental and physical health of all individuals involved. The judge will also consider any past acts of domestic violence.

The parents' religious practices

Normally, the judge deciding child custody matters will consider the parents' wishes, the child's wishes, the relationship of the child to his siblings or others with whom he has contact, the child's likely adjustment to home, school, and community, and the mental and physical health of all individuals involved. The judge will also consider any past acts of domestic violence.

The parents' religious practices

The parents' religious practices may be considered - if those beliefs or practices are harmful to the child (for example, refusing appropriate medical treatment). You do have some rights under child custody laws though.

The parents' sexual behavior

The parents' sexual behavior might be considered if the behavior is considered damaging to the child - for example, having sexual relations in front of the child. Normally, the fact the one parent is homosexual will not affect that parent's right to custody, but in light of the discretion that judges have in making custody awards, you should ask a local lawyer whether this fact is considered significant by judges in your county.

May child custody be awarded to a non-parent?

Custody may be awarded to a non-parent, but there is a strong presumption that the child should be with a parent. Judges have sometimes awarded custody to a stepparent. If you have questions about child custody laws, contact a divorce attorney near you.

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