CHILD CUSTODY

California family laws are set up to assure the health, safety, and welfare of children and frequent and continuing contact with both parents, and to encourage parents to share the rights and responsibilities of child-rearing, consistent with the best interest of the child. A court has the authority in awarding the custody of a child. In certain circumstances, the court may not consider a party’s absence or relocation from the family residence as a factor in determining child custody or visitation. A court considering custody or visitation issues is encouraged to make a custody or visitation order that is are in line with any protective or restraining order that concerns the parties or the minor child, unless the court makes specific findings as to the facts surrounding the parties and the minor child.

The biggest consideration in determining the custody of, or visitation rights to, a minor child is the welfare and best interests of the child. In proceedings where the custody of minor children is involved, the best interests of the children will be given primary and overriding consideration by the judge in the case. The judge will determine a parenting plan that is in the best interest of the child after he or she has heard all the evidence surrounding the case. A judge will look at all the circumstances bearing on the best interest of the minor child, mostly considering the circumstances that exist at the time of the determination, rather than those existing at the time of filing of the petition or at some earlier date.

There is no fixed scientific formula for the care of children, and no one standard of what makes up the child’s best interests, but there are many factors that a court will consider. The following is a breakdown of some of the factors.

These first ones are some of the most important factors that a judge must consider under California law, if present in the case:
• the health, safety and welfare of the child;
• any history of abuse by one parent or any other person seeking custody against: (1) any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary; (2) the other parent; (3) a parent, current spouse or cohabitant of the parent or person seeking custody; or (4) a person with whom the parent or person seeking custody has a dating or engagement relationship;
• the nature and amount of contact with both parents;
• the habitual or continued abuse of alcohol or illegal use of controlled substances by either parent (which may require independent sources).

Other considerations that have appeared in cases before that play into the determination but each alone cannot be a basis for the custody decision include the following:
• a parent’s history of domestic violence;
• misconduct of the parent;
• the parents’ desires or agreements;
• the child’s wishes;
• parents’ religious beliefs;
• parents’ sexual orientation;
• parents’ mental or physical disabilities;
• financial and economic considerations of the parents.

Other factors, in addition to those discussed above, that courts have considered in custody determinations include the following:
• which parent will offer the child a wider spectrum of interests and promote intellectual growth, social, and moral development;
• whether the parent and the child share common experiences and interests; maintenance of the status quo;
• a parent’s ability to love;
• and the child’s emotional makeup and age;
• the effect of separation of children between parents’ homes has also been considered;
• the separation of siblings is disfavored and should be done only under the most compelling circumstances.

Why You Need A Lawyer In Your Child Custody Case

Michael S. Carrillo understands the importance of these child custody cases for each of his clients and takes time to explain what to expect in your case. Also, he will fight hard to get what you deserve which might include custody, visitation, or child support.

Contact us today and we’ll be happy to provide you with a free consultation. Call us today at (626) 799-9375 or email us at mike@mikecarrillo.com.