Legal Question in Family Law in California

child custody: What are my rights?

I would like to know what the child custody laws are. I would like to know if a judge has the power to take away a parents right to discipline their child? What rights does a parent have when it comes to discipline? What does a judge base his decision on when awarding custody? Must you have proof backing up what you say? Can a family member who has been wrongfully accused of corporal punishment seek legal action against the person who accused him? Must the judge consider all evidence?


Asked on 11/11/04, 6:59 pm

1 Answer from Attorneys
Doris Mei Divorce Services Group

Re: child custody: What are my rights?

Any corporal punishment on a child would be considered child abuse or domestic violence. The court would most likely award physicial custody to the non-abusive parent.

If it was a false allegation, then the parent being accused could go back to court to request custody again but must prove that the abuse never took place. And yes, the court would consider all of the relevant evidence presented in determining the facts and its decision.

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Answered on 11/12/04, 1:44 pm


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