Understanding Status Quo and Challenging the Arrangement

It is true that status quo is an important factor in Californian child custody cases, but there are several other considerations before the court arrives at a decision. For instance, if the non custodial parent (during the informal custody arrangement) has made an effort to be in touch with the child, then it would be contrary to the law to implement status quo.

Time and again, we have stressed that a court always considers the safety, health and wellbeing of a child before deciding custody. Thus, if parents have been following a schedule for a significant period of time and if the child is comfortable with such an arrangement, the court considers status quo as the basis of forming a decision.

Instances When This Can Be Challenged:

Non custodial parents can request the court to modify this arrangement especially with regards to visitation rights. For instance, a parent with joint custodial rights who had to relocate to another city or join active military service may have obviously left the child with the other parent. He/she can however challenge such a sole custody. Such a medication cannot be demanded as a matter of right, but as a consideration. The court takes into account efforts undertaken by the non custodial parent to maintain a relationship with the child.

Dealing with Manipulative Parents:

The child custody attorney in San Jose does not allow any parent to take advantage of the status quo arrangement. Parents sometimes use manipulative techniques to alienate the other parent from the child whilst taking advantage of the status quo arrangement. In such instances, the disadvantaged parent can request to relook into the current custodial arrangement.  Examples where a parent can be accused of manipulation include instances where the non custodial parent is denied rights to take care of the child, take part in school related activities, not communicating important decisions related to the child, or even making false allegations of physical abuse.