27
Jan

New California custody laws require the court to make a finding on the record that unmonitored visits are in the children’s best interest.

In the past, when a parent alleges domestic violence or drug/alcohol abuse, the court had to consider whether visitations should be monitored and explain on the record why the visits ordered are not monitored. If the parents reached an agreement on custody, the finding is not necessary.  This allows parents to freely make any agreement regarding custody as they see fit, but potentially also allows the victims of abuse to permit unmonitored visitations to the children’s detriment.

2024 changes to Family Code 3011 and 3100 requires the court to make a finding on the record that the order “is in the best interest of the child and protects the safety of the parties and the child” whether or not the parties themselves have reached an agreement in writing.

Further, if a protective order is granted to either or both parents, the court also must consider whether visits to the restrained parent should be suspended, supervised by a third party, or virtual.  This is a brand new rule added for 2024.

Family law and custody disputes are often complicated and fraught with emotions, especially where there are allegations of abuse and violence.  We can help you navigate the family court system to obtain the best result.

We are the premier law office for family law services in the South Bay. Please direct all inquiries to our office at (310) 212-7109 or info@regallawoffice.com.