Monthly Archives: April 2016

Uncategorized

California Laws on Child Abduction

Leave a comment

California Laws on Child Abduction
Taking or keeping a child away from his or her legal custodian is a crime that carries substantial penalties.  Even a child’s own parent can be convicted of child abduction under California law.


The offense of child abduction is committed when all of the elements below are present:

  • The person “takes, entices away, keeps, withholds, or conceals” the child;
  • The person acts maliciously; and
  • The person has the intent to detain or conceal the child from a lawful custodian.

In addition, the person who takes the child either has to have no right to custody or must take the child with the intent to deprive a legal custodian of custody or visitation.


By law, it does not matter whether the child resists or objects to the offending party’s actions.


If all the elements are present, there is only one true defense to a charge of child abduction.  This defense may apply if the person has a “right of custody” and takes the child “with a good faith and reasonable belief” that the child “will suffer immediate bodily injury or emotional harm” if left where she is. However, even when this limited defense applies, the person taking the child must report certain information to the county district attorney and must initiate a custody proceeding within a specified period of time.


The following are not defenses to child abduction:

  • Taking or keeping the child because the other parent failed to pay child support; or
  • Obtaining a custody order after the child has been abducted.

The punishment for child abduction is stiff: up to four years in prison and a $10,000 fine.  The judge considers several factors in determining the proper penalty, including the following:

  • The child’s age and the length of the abduction;
  • Any physical harm or threat of physical harm to the child during the abduction;
  • Whether the child was removed from the country;
  • Whether the child was returned to the lawful custodian;
  • Whether the child’s appearance was substantially altered during the abduction; and
  • Whether the child was returned unharmed and before any arrest was made.

A judge may also impose restitution, either to the victim or to a state prosecuting agency. It should be noted that the criminal offense of child abduction is different than the civil offense of false imprisonment.  This means that in addition to prison time and a fine, someone who abducts a child in California could be sued for money damages in a lawsuit.


Child abduction is a serious crime. If you are concerned that your child has been abducted, contact the police immediately. If you are involved in a divorce or separation proceeding, you’ll also need an aggressive, experienced attorney to protect you and your child. For help, contact The Law Offices of Judy L. Burger at (415) 259-6636.

Child Custody

Child Abandonment: How Does It Affect Custody Determinations?

Leave a comment

Child Abandonment: How Does It Affect Custody Determinations?
By law, both parents have rights and responsibilities relating to their children.  Parents are required to support their children, including providing adequate food, shelter, and medical services.  Parents also have the right to parent their children.  This is an important right that courts take very seriously.  While child abandonment may affect custody determinations, courts are very proactive in protecting parental rights.


Under the California Family Code, three circumstances may result in a finding of child abandonment, if they are proven by clear and convincing evidence:

  • Both parents left the child without any provision for identification;
  • One or both parents left the child with another person for at least six months without providing any support and without communication; or
  • One parent left the child with the other parent for at least one year without providing any support and without communication.

In the second and third circumstances, the court must find that the parent acted with the intent to abandon the child.  Failing to provide identification of the child, to support the child, or to communicate with the child is considered presumptive evidence of a parent’s intent to abandon the child.  Token efforts of support and communication may be disregarded by the court in making its abandonment determination.


Abandonment may be considered as a factor in determining custody and visitation except in very limited circumstances.  The first exception is for a short absence or relocation during which the parent demonstrates no intent to abandon the child and during which the parent makes reasonable efforts toward regular contact with the child.  The second exception is when a parent is absent or relocates because the other parent actually committed or threatened to commit domestic or family violence.


It should be noted that the effect of abandonment on child custody is separate from the criminal offense of child abandonment under California law.  Before a parent may be found guilty of child neglect or abandonment, criminal charges must be brought and very specific findings must be made in a court of law.


Custody and visitation issues are at the heart of many relationship endings. If child abandonment is a potential issue in your divorce or separation, you need an attorney to advocate for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in child custody and child support matters. Call today to learn how our attorneys can protect you and your children: (415) 293-8314.

Child Custody

What Is an Independent Child Custody Evaluation?

Leave a comment

What Is an Independent Child Custody Evaluation?
California judges have the right to order child custody evaluations any time they believe doing so would be in the “best interest of the child.” Often, judges order evaluations when the parties cannot agree about child custody.  This blog will discuss why evaluations are ordered, who conducts evaluations, and what evaluators do.


Why Are Child Custody Evaluations Ordered?


Whenever children are involved in a divorce or separation, emotions run incredibly high.  Sometimes, the parents are able to set their emotions aside and make custody and visitation decisions in the best interest of their children.  However, it can be very stressful to deal with child-related decisions during this difficult time.


Child custody evaluations are always ordered if the judge finds that there are serious allegations of child abuse.  They may also be ordered when any of the following concerns are present:

  • Mental health;
  • Substance abuse;
  • Parenting in a way that may negatively affect the parties’ child; and
  • A possible parent move or relocation.

Who Conducts Child Custody Evaluations?


By law, only a qualified evaluator may conduct court-ordered custody investigations.  People licensed in the following professions may serve as child custody evaluators:

  • Clinical social workers;
  • Psychologists;
  • Psychiatrists; and
  • Marriage and family therapists.

Evaluators are not eligible unless they are included on an approved panel or approved by the judge as meeting the requisite qualifications.

What Does the Evaluator Do?

The evaluator’s job is to pull together evidence the judge will use to make custody and visitation decisions and to make recommendations based on that evidence.  To do this, the evaluator considers the following:

  • Written documents, including medical records, as necessary, and any from social services or law enforcement agencies;
  • His or her observations of family members;
  • The results of his or her interviews with the parents, children, and other witnesses, as necessary; and
  • Psychological assessments.

The evaluator packages this information into a detailed written report for the judge.  The judge then uses the information to determine what custody and visitation arrangements are in the best interest of the child.


Child custody evaluations can be very stressful in a time that is already laden with emotions.  As you might imagine, having an experienced family lawyer by your side can help ease that stress and make a difference in the outcome of custody and visitation proceedings.  For something this important, you want an attorney with substantial experience in Northern California who will represent you aggressively. Please contact The Law Offices of Judy L. Burger at (415) 259-6636 to learn more.

Annulment, California Divorce, Child Custody, Domestic Violence

Best Interest of the Children: What Does It Mean for California Families?

Leave a comment

Best Interest of the Children: What Does It Mean for California Families?
California courts often cite to the “best interest of the children” standard when making rulings and issuing decisions on family law matters.  Where does this language come from, and what does it mean for you?


California laws, in many places, refer to the “best interest of the children” or “best interest of the child.” The core statute on what this means is California Family Code § 3011, which is a general provision of law relating to custody.


Section 3011 lists several factors that courts must consider when determining what is in the best interest of children:

  • The child’s “health, safety, and welfare”;
  • Any history of abuse against a child, the other parent, or a parent’s significant other;
  • The nature and amount of the child’s contact with both parents; and
  • Either parent’s use of illegal, controlled substances, or habitual use of alcohol or prescribed controlled substances.

The “best interest of the child” standard applies to many types of proceedings:

  • Divorce;
  • Annulment;
  • Legal separation;
  • Actions for exclusive custody;
  • Custody or visitation actions under the Domestic Violence Prevention Act;
  • Custody or visitation actions under the Uniform Parentage Act; and
  • Custody or visitation actions under brought by a California district attorney.

The “best interest of the child” standard is also at play in related proceedings, such as child custody evaluations and parenting plans.


The California Legislature’s widespread application of the “the best interest of the child” standard shows its commitment to the health and well-being of children. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.