When it comes to children and divorce, things are bound to get messy. Parents often argue about where the children will live and who is the better parent.
To resolve child custody issues, courts look at various factors. These are called the best interests of the child, and they focus on the health, safety, and welfare of children. These must be the court’s primary focus when determining any custody or visitation decision.
Generally speaking, the best interests of the child are outlined in Fam. Code § 3020. It states that:
- Every child has the right to be protected from abuse and domestic violence in the home.
- Children should have frequent and ongoing contact with both parents unless such contact is not in the child’s best interests.
- Any court order involving physical or legal custody or visitation must prioritize the child’s safety and well-being.
- A parent’s, guardian’s, or relative’s gender or sexual orientation shall not be a factor in determining the best interests of the child.
Here is a look at some of the factors California courts look at when making child custody decisions.
Health, Safety, and Welfare of the Child
This is the court’s top priority. Any history of abuse, neglect, or dangerous living conditions will heavily influence custody decisions. If a parent exposes the child to risky environments, substance abuse, or domestic violence, it can significantly impact their custody rights.
History of Domestic Violence or Abuse
California law requires courts to consider any evidence of domestic violence, even if the child was not directly harmed. Abuse toward the other parent, other household members, or even previous partners can affect custody. A parent with a history of violence may face supervised visitation.
Quality of the Child’s Relationship With Each Parent
Judges look at which parent has been more involved in daily care, such as schooling, medical appointments, homework, and emotional support. Courts prefer to maintain continuity and protect strong emotional bonds.
Stability in the Child’s Life
Courts try to minimize disruption to the child’s routine, so a stable home environment is of high importance. Factors like current school, community ties, living situation, and established routines are considered.
Co-Parenting and Cooperation Between Parents
Judges favor parents who show cooperation and encourage ongoing contact with the other parent. A parent who tries to alienate the child from the other parent, withholds communication, or creates conflict may be seen as acting against the child’s best interests.
Mental and Physical Health of the Parents
The court will review whether either parent’s physical or mental health conditions affect their ability to care for the child. Having a health condition alone does not disqualify a parent unless it impacts their parenting ability.
Evidence of Substance Abuse
Substance abuse involving drugs or alcohol is heavily scrutinized. If a parent has a history of addiction or DUI charges, the court may require testing, counseling, or supervised visitation..
Contact Us Today
Divorces are often contentious when children are involved. Who gets the kids? Which parent is better suited to be the primary parent, and why?
The Law Offices of Oliver Gutierrez in Redwood City can assist you with your child custody matters. We understand that it is not just a legal decision; it is also your family’s future. Se habla español. Schedule a consultation today. Fill out the online form or call (650) 285-1673.