What Is in the Best Interest of My Child in California Custody Case?

Above all else in a child custody case is the best interests of the child. No matter what decision is handed down by a family court judge, it will always be in the best interests of the child. But what exactly does this mean in the context of your case, and what goes into determining what is in the best interest of the child?

Everything is Considered

California law has two guiding principles when it comes to determining the best interests of the child. Whatever decision is made about custody or sharing your child’s time, the court’s primary concern must be the health, safety and welfare of the children. In addition to this concern of well being for the child, California law also emphasizes that children benefit from frequent and continuing contact with both parents. Using this as a basis, a California family court judge must consider all other relevant factors for each individual case when making a decision about custody and visitation.

All Relevant Factors

What exactly may be relevant in determining the best interests of the child? Some typical factors include:

  • The age of the child
  • The health of the child
  • The emotional connection between either parent and child
  • The ability of the parents to care for the child
  • Who the primary caretaker of the child has been up to this point
  • Any history of abuse or neglect by either parent
  • Any history of substance abuse by either parent
  • The child’s ties to school, home and community

This is not an exhaustive list of factors but it does show what a typical family court judge will consider in making their decision. Some factors may be more important than others. How each factor is weighed will be dependent on each child’s individual circumstances. For example, if one parent has a history of abusing the child, this will most likely be weighed heavily in determining their custody or visitation rights as it directly affects the health and safety of the child.

Determining What Is In The Best Interest Of Your Child Starts With Consulting A Sonoma County Family Law Attorney

No one can say for sure how a judge will rule in a custody case, but sitting down with a California family law attorney familiar with custody cases can give you guidance and advice that you need. Custody cases can often be heated with emotions running high. Having an experienced attorney by your side is a necessity when it comes to giving your child the best life possible. The office of Charles D. Stark can help you with your child custody and give you the representation that you need. Contact us at (707) 527-9900 or visit us online.

Contact Us

Sorry. This form is no longer accepting new submissions.