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Getting child custody again after losing it

After a divorce in California, one parent may have lost custody of the children. However, this is not necessarily a permanent arrangement. There may be ways for the parent to get it back.

First, the parent should look at the reasons for losing custody whether it is because of false accusations of abuse by the other parent, the violation of a court order or some other factor. In some cases, a judge may have placed conditions around regaining custody such as completing a drug rehabilitation program or parenting classes. These conditions should be fulfilled as soon as possible. The parent might also want to consider getting an attorney to help with the case.

Once all of this is underway, the parent may want to ask the court to perform a home assessment so that it has the most up-to-date information. The parent should also do anything the court requests. This includes being on time for visitation with children, being polite during exchanges of the children and fulfilling any other requirements the court orders. Finally, parents may want to consider options other than trying to get sole custody. The other parent may agree to a joint custody arrangement.

Child custody may be one of the most difficult parts of a divorce for parents who may have to adjust to seeing their children for only half the time they are accustomed to or even less. However, parents should try to make decisions that are best for the child. This means setting aside animosity toward the other parent in order to co-parent unless there are reasons the other parent should not have contact with the child such as abuse. Older children may want input into this arrangement. Each parent’s attorney may be able to help the parents negotiate a child custody agreement that suits both parents and their children.

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We represent clients in Orange County and Southern California in all types of family law matters involving divorce, mediation, property division and issues involving children. Call our Fullerton office at 714-680-9777 or use our online contact form to schedule a free consultation. We ensure a 24-hour response to all inquiries.

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