The health of the child, The emotional ties between the parent and the child, The parents' ability to care for the child, Any history of family violence or substance abuse, and. Every child custody case comes down to the best interests of the child. That is the legal standard used by all California family courts to determine child custody. This is a flexible test that allows judges to consider numerous factors.
The courts want children to be in the best possible situation. (B) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness to protect the best interests of the child. Parents are more likely to be granted custody if they have a history of participating in and spending time with important decisions related to the child. An experienced family law attorney who specializes in divorce and child custody agreements can inform you about your rights as a parent and your responsibilities to your child, facilitate civil negotiations between you and the other parent, and help you reach the right resolution for your family.
Judges have the freedom and ability to consider a wide range of factors in making a decision about how a custody agreement will work in a child custody case. A judge can order a parenting plan that restricts contact with certain adults when the child is in parental custody. If you are the custodial parent facing a request for modification of custody, consider whether the status quo has been working and how you will advocate in court to make things say the same. If a child has a strong attachment to a parent to the point where the separation causes distress, the judge can agree to a disproportionate physical custody agreement that favors that parent.
Parents may need to work on child custody and timeshare plans based on the child's schedule whenever possible. Judges consider whether each parent has the capacity to comply with a parenting plan when making child custody decisions, and consider each parent's income. California child custody laws are designed to provide both parents with frequent and regular contact with their children when it is in the best interests of the children. When filing a child custody and visitation case in court, the court wants to see a concise and clear recitation of why the plan a party proposes is in the best interest of the child.
(D) Nothing in this section shall be construed to prevent a child under the age of 14 from addressing the court regarding custody or visitation, if the court determines that it is appropriate in accordance with the best interests of the child. This occurs if the court finds that substantial evidence has been submitted showing that the father has made a report of child sexual abuse during the custody proceeding, and the father knew that the report was false at the time it was made. Given how much is at stake, in contentious cases, judges can order a custody evaluation to be administered by a qualified expert, such as a child forensic psychologist. A parent with a history of domestic violence or child abuse will face an uphill battle in seeking any type of custody.
