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CA divorce lawyerAs a custodial parent, planning around visitations and dealing with the other parent’s behavior can be a challenge. Minor arguments and misunderstandings are not reason enough to petition for a visitation modification themselves, but when they are accompanied by actions that threaten the child’s emotional, psychological, or physical well-being, it is time to speak with a San Jose visitation modification attorney.

Invalid Reasons for Revoking Visitation

There are many reasons why visitation can be limited or taken away by a judge, and they all revolve solely around what is in the child’s best interest. First, there are some invalid reasons for child visitation modification. By themselves, the following characteristics of a non-custodial parent do not make up valid reasons for taking away or limiting the other parent’s visitation rights:

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California family lawyerA child’s declining behavior may be grounds for a custody hearing. In California, a parent may lose their custody rights to either the other parent or the state through foster care, if it has been shown that they cannot control their child and keep them from potentially harming themselves through reckless or illegal behavior. Recently, a teenage girl who repeatedly ran away from home, and who also gave birth to two children, was removed from her parents’ custody after an appeal was upheld by the California Supreme Court, according to the American Bar Journal. The decision was based on a California law that allows children to be removed from their parent’s home even if there is no wrongdoing on the parent’s behalf or failure to supervise their child. If you are in this situation, contact a San Jose custody attorney for help today.

Neglect Is Not Relevant, Only Failure to Supervise

Whether or not a parent neglects their supervising responsibilities, their child can be removed from the home if they are found to be at serious risk of harm as a result of failed parental supervision. This means that even if a parent who does all that they can reasonably do to keep their child out of trouble and safe and provide a stable and loving home life, it may still not be enough.

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California family lawyer, California divorce lawyerThere are many reasons that the court may consider a child custody modification. Common reasons for modifications include if the child is in physical or emotional danger from one of their parents, if one of the parents continuously violates the terms of the court agreement, a relocation of one of the parents, a severe injury or illness of either parent, or if your child persists on living with you for another reason and they are old enough to have a valid opinion in the court’s eyes. But what if there is no specific problem with the other parent that can be pointed to, and the child’s actions alone show a need for change? If your child is in danger of heading down the wrong road in life due to your divorce and separation, and the stress of living with the other parent, it may be necessary to pursue a modification.

Rebellion after Divorce Is Normal for Children, but Trouble with the Law Is Not

Many children act up after their parents get divorced or separated. In fact, many studies have shown that children of divorce “score significantly lower on measures of academic achievement, conduct, psychological adjustment, self-concept, and social relations.” That does not mean that getting in trouble with the law, flunking out of school, getting in fights, underage drinking, theft, aggression, graffiti, and other forms of acting out should be tolerated or ignored. Rebellion is normal, but if the other parent is influencing or even encouraging the poor behavior, there may be grounds for a custody modification.

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California custody attorney, California family law attorneyThe responsibility of legal custody is one of the most important decisions a family court judge makes. If you are given legal custody, you will be responsible for making all of the decisions, such as health care, school, travel, and more, for your child, according to California Courts. Because of this responsibility, it is imperative to prove to the court that you have your child’s best interest at heart. During a child custody contest, it is important to avoid some of the more common mistakes that many parents make. The California court will always make its decision in favor of the child’s best interest. As such, that decision is largely based on the stability of the parent’s physical, mental, and financial well-being. The court looks at the care that each parent is able to provide for the child, potential help from family members, which parent will be better equipped to ensure a safe home, as well as other criteria such as proximity to quality schools and the wishes of the child if the child is old enough to have an opinion. While there is no set guideline of what a parent should do leading up to and during a custody battle, an experienced attorney will provide invaluable guidance and legal counsel throughout the process. The San Jose child custody attorneys of Gemma V. Reyes Law are here to provide assistance in your time of need.

The California court will always make its decision in favor of the child’s best interest. As such, that decision is largely based on the stability of the parent’s physical, mental, and financial well-being. The court looks at the care that each parent is able to provide for the child, potential help from family members, which parent will be better equipped to ensure a safe home, as well as other criteria such as proximity to quality schools and the wishes of the child if the child is old enough to have an opinion. While there is no set guideline of what a parent should do leading up to and during a custody battle, an experienced attorney will provide invaluable guidance and legal counsel throughout the process. The San Jose child custody attorneys of Gemma V. Reyes Law are here to provide assistance in your time of need.

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