Understanding Child Custody Laws: Factors Considered by Courts in Custody Determinations

What Are Child Custody Laws in California?

One pertinent issue in divorce cases in California is child custody for spouses with minor children. In contested child custody cases, the court must decide who will take care of the child and which parent they will live with, in addition to determining visitation rights. Generally, the guiding principle is the best interests of the child, which comprises several crucial factors.

If you’re in the middle of a child custody case, consult family law attorneys in Cerritos. They can provide in-depth insights into the factors courts consider in child custody determination. They can also provide legal counsel on the steps and procedures you can follow to enhance the likelihood of being granted custody of your children.

What Does the Principle of a Child’s Best Interests Entail?

Divorce and the breakdown of the family structure can take an emotional toll on children. Judges in California are always concerned with what best serves a child’s interests when determining custody to make a decision that promotes the emotional, physical, and psychological welfare of a child.

Cerrito’s child custody lawyers highlight the following as some of the primary factors that courts consider when deciding a custody case:

• The child’s age and health condition
• The bond between the child and either parent
• Whether the child has siblings and the importance of keeping them together
• Each parent’s ability to take care of the child financially, emotionally, and physically
• The willingness of each parent to communicate on child-related issues with the other parent
• The ability and desire to promote or cultivate a strong bond between the child and the other parent
• Whether there has been a history of parental alienation
• Any history of family violence or substance abuse
• The presence of domestic partners in each parent’s household
• The mental and physical ability of each parent to care for the child
• The parent who has been the primary provider for the child before the divorce
• The child’s ties to the current community, home, and school
• The child’s wishes if they are old enough to express themselves

Courts don’t automatically award custody to the father or mother for any reason. For example, just because a child is a minor and female doesn’t mean the court will assume the child’s mother is the best person to award custody.

Child custody attorneys in Cerritos add that physical disability, marital status, religious affiliations, and sexual orientation are not a basis for awarding custody. Courts look at the bigger picture to address the child’s short- and long-term interests.

What Types of Custody Are Awarded in California?

California courts recognize two primary types of custody:

• Legal custody: This concerns the right and responsibility to make crucial decisions about the child’s education, upbringing, religious instruction, and health care.
• Physical custody: It relates to deciding the parent with whom the child will live.

Cerrito’s child custody attorneys say that both types of custody can be joint, meaning they are shared between both parents, or sole, which means they are awarded to one parent. Courts must conduct custody evaluations before determining whether to grant legal or physical custody to either parent.

What Are Custody Evaluations?

California courts sometimes order a custody evaluation, also known as a “730 Evaluation,” in reference to Evidence Code 730. The evaluations are conducted by an expert appointed by the court to investigate and submit a report on the matters highlighted by the court.

The expert is a neutral third party, and their expertise is valuable when parents can’t agree on custody or visitation.

During the evaluations, the court may account for the child’s custody and parenting time wishes if the child is of sufficient age and capacity to form an intelligent preference. California has no set age at which a child’s wishes will be considered in the final custody determination, but children 14 and above could have their wishes granted more easily based on other considerations.

If you’re worried that your child might be wrongly influenced in expressing their custody preference, talk to skilled child custody attorneys in Cerritos. They can investigate the case and present your concerns in court to ensure a fair and favorable outcome.

Third Party Custody

Based on the custody evaluation report, a judge may determine that granting custody to either parent is not in the child’s best interests.

This situation arises when it emerges that the parents may pose an emotional or physical risk to the child. In such cases, the court has the power to grant guardianship custody to someone else.

Anyone willing to be the child’s guardian must file a guardianship petition to ask for custody based on the fact that the parents are unfit to care for the child. If the court establishes that the guardianship custody would be in the child’s best interests, the guardian may be awarded both legal and physical custody. A guardian could be the child’s grandparent or family friend.

A Skilled Family Law Lawyer Helping You Navigate Child Custody in a Divorce Case

Determining child custody is often complex because courts must consider numerous factors. The overall determination should be based on the child’s best interests to uphold their physical, emotional, and psychological welfare. Skilled child custody lawyers in Cerritos can provide more legal insights to help you know what to expect during the proceedings.

The Law Offices of Paul J. Duron has skilled family law attorneys who can handle all your family law matters, including child custody and support. We know you want the best for your child, and we can help you fight for the most favorable outcome. Our team can offer the legal support you need at this difficult time. Call us at 562-205-8527 to schedule a FREE consultation.