Can Being Unemployed Affect my Custody Case in Orange County, California?
FAQ: Will Being Unemployed Affect my Custody Case in Orange County? A parent’s unemployment should not directly affect a child custody case in California. Child custody is based on the best interest of the child, and while providing financial support for a child is one of the parental obligations that every parent has, child support is a separate issue from child custody.
However, if a parent is not able to provide adequate shelter, food, water, and other things for a child, it may not be in the child’s best interest for that parent to have custody. Financial security and putting a child’s needs before your own are important aspects of a child custody case, and they can make a difference in the outcome.
What Factors Will Affect my Child Custody Case in California?
While being currently employed may not directly affect child custody, financial security, stability and responsibility may. In addition, the following factors can have an affect on your custody case in California.
The best interest of the child
This is the biggest defining factor in California, but it is different in every custody case, and even within one family, it can change over time depending on various factors in the child’s and the parents’ lives.
Each parent’s obedience of a current custody order, or encouragement of the child’s other relationships.
In most cases, it is in the child’s best interest to have a relationship with both parents. To put the child’s best interests ahead of his or her own, a parent should encourage the child’s relationship with the other parent, regardless of the parent’s relationship with one another.
If there is an existing custody order in place and the current case is a modification, or the current order is temporary, a parent who can follow the terms of a child custody order, regardless of the parent’s feelings or the reason for the temporary order, will look better in the eyes of the court. Any parent who can put the child’s interests, according to the court, ahead of his or her own agenda will be more likely to get custody than a parent who cannot.
A history of abuse or domestic violence
Any history or allegations of domestic violence, child abuse, or neglect can have a negative impact on a parent’s chances of obtaining custody. However, a false accusation can harm the accuser in a custody case as well.
A history of drug or alcohol abuse
Drug and alcohol dependence or abuse can negatively affect a parent’s chance of having custody; because it can cause a parent to put the child’s interests second to a parent’s own desires or needs. It can also expose a child to drugs and alcohol, which is not in any child’s best interest.
The child’s wishes
California considers the child’s wishes in custody cases, especially when the child is over 14 years old. In some cases, minor’s counsel may be requested to represent a child. It will need to be determined that a child’s wishes are his or her own, and are not influenced by either parent, and a child does not have the right to make an absolute custody determination in California.
Although children 14 and older are generally considered in custody cases, the law states that there is no reason that a child who is under 14 should not be allowed to share his or her opinion in a custody case.
How Can I Increase my Chances of Obtaining Custody in the OC?
If a custody order is in place, obey it to a tee until a legal modification has been made.
It is important to have financial support to provide a shelter, food, water, and other necessities for your child. If you are unemployed - have savings! Unemployment does not mean that you will not get custody of your child.
If you are fighting with the other parent for custody, keep a record of the time that you spend with your child, and any legal action you take. Record mistakes that your child’s other parents may make, from failing to pick up the child from school to drug use.
Contact a child custody professional for an evaluation. A professional custody evaluator can give you an idea of what a court might say, and what really is in the best interest of your child. A professional can also provide you with tips on how to increase your chances, because it is in the best interest of the child to spend time with both parents.
What Does a Child Need from his or her Parents in a Custody Case?
What a child needs depends greatly on the child’s age. While younger children will need to spend more time with both parents, older children will be more independent.
Every child needs certain things from both parents.
• Love and affection
• A safe place to share their thoughts, worries, fears and aspirations
• Medical care
Parents should be understanding, while setting boundaries. They should listen and provide guidance; they should ensure that children are always cared for, either by a parent or another caregiver. The parents should share information about the child with one another, especially regarding contact information, education, physical and mental health care, and extracurricular activities and events.
Parents should also make sure to keep their feelings about the other parent private from the child, as to avoid influencing the child’s opinion of, or relationship with the other parent.
Orange County, California Child Custody Lawyer
Table of Contents
- 1 Can Being Unemployed Affect my Custody Case in Orange County, California?
- 2 What Factors Will Affect my Child Custody Case in California?
- 3 How Can I Increase my Chances of Obtaining Custody in the OC?
- 4 What Does a Child Need from his or her Parents in a Custody Case?
- 5 Orange County, California Child Custody Lawyer