Full question:
My wife and I got married ten years ago and were living with our child in California. We got divorced two years go and were awarded joint custody of the child. Are there any grounds whereby the court can terminate the joint custody?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: California
Answer:
Usually, if a parent is uncooperative and interferes with the other parents’ rights it may lead to termination of the joint custody of the child. If one parent has been uncooperative and has adversely affected or may adversely affect the child’s relationship with the other parent, it shall be considered as a misconduct by the court resulting in a change in the terms of custody.Per California Family Code §3087:
“An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court's own motion if it is shown that the best interest of the child requires modification or termination of the order. If either parent opposes the modification or termination order, the court shall state in its decision the reasons for modification or termination of the joint custody order.”
Therefore, a joint custody of the child may be modified or terminated by the court on the basis of the best interest of the child. Upon opposition of either parent, the court may state its reasons for ordering modification or termination of joint custody.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
