Law Office of Alex Gaytan

Q: Can a parent's immigration status disqualify them from receiving custody of their child(ren) in California? A: No. The immigration status of a parent does not disqualify them from receiving custody of their child(ren). Family Code section 3040(b). What does that mean? That means, if you are here illegally, you can still petition the court for custody and visitation of your children. Being here illegally does not invalidate your rights as a parent.

I am often asked, "Do courts favor mothers in child custody cases?" The answer is: No. The courts are statutorily prohibited (Family Code section 3040(a)(1)) from prefering a parent as a custodian based on their sex. What does that mean? It means that a parent's gender is a neutral factor in the court's determination of what is in the child(ren)'s best interests.

The first attorney-client interview is very important. For me, it serves as the basis for deciding whether I want to accept the case. During this interview, I am assessing if the prospective client and I could have a relationship based on trust and confidence. I focus on the prospective client's emotional state as well as their expectations for the case. If the client has unreasonable expectations, even after I provide them with essential information about their legal rights and obligations, I will decline. Some attorneys provide a free consultation. I do not. I charge a fee to identify individuals who simply want free advice. My thought is, if they do not want or cannot pay, then I can direct them elsewhere.

I am writing the content to provide general information on family law issues to those who have found my page. It is not legal advice. Please do not take it as such. The court must apply the standard of the best interest of the child. However, the Family Code does not define "best interest of the child" beyond the list of factors the court is required to consider in Family Code section 3011 (Best Interest Statute). Family Code section 3011 requires the court to consider four c...ategories of factors in making a determination of the best interest of the child. 1. The health, safety, and welfare of the child; 2. Spousal or child abuse; 3. The nature and amount of contact with the parents; and 4. The habitual or continual use of illegal drugs, or habitual or continual abuse of alcohol or prescribed controlled substances. In addition to these mandatory considerations, the court may consider "any other factors it finds relevant."