Are you or someone you love in the San Mateo, CA, area facing a child custody case? California courts are guided by both California law and factors specific to each case in making decisions about custody. It can be very helpful to reach out to a child custody lawyer to help you understand how the best interests of the child are determined by the court.
How Do Courts Determine the Best Interest of the Child in Custody Cases?
Factors California Courts Are Required to Consider
Health, Safety, and Welfare of the Child
The cornerstone of custody decisions is the health, safety, and welfare of the child. This means not only the physical well-being of the child but also their emotional well-being. The law requires the court to assess whether the proposed arrangement for custody will mean that the child is in a safe and stable environment and is at no risk of harm.
The Nature and the Amount of Contact with Both Parents
Sections 3046 and 3100 of the California Family Code specify that a child should have frequent and continued contact with both parents, assuming there are no safety concerns. The intent behind this law is to foster a strong relationship between the child and both parents.
History of Abuse
The California family code, Section 3011(a)(2)(A) states that courts must take into consideration any history of abuse by any person seeking custody of the child. The abuse could be against the child, against the other parent, or against a current spouse, partner, or cohabitant. California courts may require corroboration of the allegations of abuse from independent agencies, such as law enforcement, child protective services, or other agencies serving victims of domestic violence or sexual assault.
If the court makes a visitation order when there are allegations of abuse against the person seeking custody, it must be on the record that the court order is in the best interests of the child. To protect the safety of the child, the order must clearly specify the time, day, place, and manner of transfer of the child to that’s person to ensure the safety of all involved and proper oversight.
Use of Controlled Substances or Alcohol
Any habitual or illegal use of alcohol or controlled substances, even if prescribed, by the person seeking custody must be evaluated by the court when determining child custody. The court will require independent corroboration of the person’s use of alcohol or controlled substances by official agencies such as law enforcement, probation, or rehabilitation facilities.
As in cases of abuse, if the court issues an order for custody or visitation despite a parent’s history with misuse of alcohol or controlled substances, the court must state in writing that the order has been made in the best interests of the child. The stipulations of the order must be specific for the safety of the child, stating clearly when, where and how transfer will take place.
Additional Considerations Customary in Child Custody Cases
Age and Health of the Child
Courts usually consider the age of the child when deciding the best arrangement to support their development. For example, older children may have a greater need to maintain ties to school and community, while younger children might need more stability and undisturbed routine at home. The health of the child also may also be a determining factor, especially in cases where the child has greater health needs than usual that will require a certain environment or level of care which one parent is better positioned to provide.
Emotional Ties Between the Child and Each Parent
The strength of a child’s emotional bond to each parent may also be considered by the court. The goal is to make sure that the child maintains meaningful relationships with their parents.
The Child’s Current Environment
The court will look at how well the child is doing in their current home, school, and community and consider how best to maintain continuity for the child if they are doing well. The goal is to avoid disruption for the child as much as possible.
The Child’s Preference
If the child is old enough and mature enough, generally age 14 or older, the court may consider the child’s preference for which parent is given custody. This, however, is never the determining factor, but only one of many factors considered by the court in a child custody decision.
Parent’s Ability to Provide a Stable and Nurturing Environment
The court will evaluate how capable each parent is of meeting the physical, psychological, and emotional needs of the child. This includes providing a safe home which will remain stable, ensuring access to adequate education, and giving good emotional support for the development of the child.
Parent’s History of Care and Willingness to Support the Child
The past involvement of each parent in caring for the child will also come under court scrutiny. This is often considered to be a key indicator of their willingness to support the ongoing needs of the child and to foster a good relationship with the child’s other parent.
Parental Communication and Co-parenting Relationship
Courts favor collaboration between parents, so they evaluate the parents’ relationship and communication. A court is in favor of parents who are willing to cooperate in parenting their child and are willing to encourage the child’s relationship with the other parent.
Motivation of Each Parent
A court also assesses the motivations behind each parent’s decisions, considering whether those decisions were made with the child’s best interest in mind or with selfish motivations, such as revenge or control. The court looks at those motivations to see patterns of decision-making and to determine if are any concerns about whether a parent will prioritize the child’s welfare in their future choices.
Excluded Factors
California law specifically states that courts may not take any of the following factors into consideration when making a decision regarding child custody: sex, sexual orientation, gender identity, or gender expression. The purpose is to make sure that custody decisions are based entirely upon the needs of the child, not on discriminatory factors.
Consult a Child Custody Lawyer in San Mateo, CA
Set up an initial consultation to discuss your case with a lawyer. This is when you can present the facts of your and your child’s situation. When you are facing child custody questions, a lawyer can be an invaluable resource in understanding how child custody is determined. They not only know child custody law, but also know how the law has been applied to specific cases in the past.
A child custody attorney, however, provides more than just knowledge of the law. Matters of child custody can be emotionally stressful, and it’s very wise to have someone outside the situation who can provide you with an objective perspective and advice. A lawyer with a calm, clear demeanor can be a huge help to you in deciding what decisions to make for you and your child and in keeping you from unwise choices.
If you have questions or need advice about issues of child custody, get in touch with the Seeley Family Law Practice, APC, in San Mateo, CA. Our legal team is experienced in child custody matters and can help you understand and work through the legal details of your unique situation.