California Family Code 3048 lists explicit guidelines for what child custody or visitation orders should include. This section of legislation also offers information regarding issues such as supervised visitation if there is a risk that a parent may abduct their child. Here’s everything you need to know about what’s included in a child custody order.
What Does California Family Code 3048 Say About Child Custody?
Family Code Section 3048 encompasses the mandatory statutory language required in all formal child custody agreements. For example, the beginning of this code states that every custody or visitation order must include factors such as the basis for the court’s jurisdiction, a clear outlining of the custody and visitation rights of each party, and a provision making both parties knowledgeable of the fact that any violation of the order may lead to civil or criminal penalties or both. Furthermore, this code explicitly details the factors that the court may take into consideration if there is a risk of child abduction, or if the court finds that there is a need for preventative measures.
Requirements in a Child Custody Order
In every case with minors, Family Code 3048 now requires the judgment to include certain statements about notice and jurisdiction. Important statements that are covered within the custody order’s parenting time attachment are:
- Jurisdiction: made by the court when making a decision for child custody procedures, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Notice and opportunity to be heard: States that both parties were given notice and an opportunity to be heard regarding their child custody case
- Country of habitual residence: Notes which country the child(ren) will be living in this case
- Penalties for violating the child custody order: States for both parties that if the child custody order is violated, they will be subject to civil or criminal penalties or both
- Parties that are awarded child custody: The judge will determine legal and physical custody of the minor children to parties. Legal custody includes making decisions about the child’s health, education, etc. and physical custody entails being the person with whom the child lives with
- Prevention of child abduction: If the judge feels that there is a risk that one of the parties will take the children out of California without the other party’s permission, they will indicate it when completing the court order
- Visitation and supervised visitation: These statements outline the specific start and end times during each week that one or both parties will be allotted for visitation, as well as child custody mediation or recommended counseling
- Details outlining transportation for visitation: Outlines transportation expectations to and from visits, including who will be driving and the addresses for exchange points
- Travel with children: Indicates that each party must have written permission from the other, or a court order, to take the children outside their county
- Holiday schedule: Details holiday time designation (a Children’s Holiday Schedule Attachment form may be attached to the custody order for this purpose)
- Additional custody provisions: Indicates if there will be any additional custody provisions in addition to those outlined on the child custody order (an Additional Provisions form may be used for this purpose)
- Joint legal custody: Indicates that both parties will be sharing joint legal custody in the agreed-upon prepared schedule (a Joint Legal Custody Attachment form may be used for this purpose)
- Access to children’s records: Indicates that both the custodial and noncustodial parent has the right to access records and information about their minor children, as well as consulting with professionals who are providing services to their children
FAQs About What’s Included in a Child Custody Order
Are there any necessary forms to fill out for this order?
All necessary forms and instructions can be found on the California Courts website. If a person needs assistance with filling out any of these forms or is not sure which are applicable to their case, it may be best to consult with an experienced family law attorney.
What happens if the child custody order is violated?
If a child custody order is violated, the party liable for doing so will be subject to civil or criminal penalties or both.
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