California Family Law Best Interest of the Children

In California, as in many jurisdictions, courts are supposed to make judgments based on a legal standard called the "best interest of the child." While this is certainly a noble pursuit, it's besides vague and open to interpretation. This standard has a couple of guiding principles that has to exist considered when deciding kid custody or visitation. California Family unit Lawmaking 3020 establishes these principles every bit the health, safety, and welfare of the child, and encouragement of frequent contact between parent and the child.

At that place are many factors that must be considered past the family court gauge on a case-by-case basis and these factors are contained inside several dissimilar statutes. In uncomplicated terms, all California family law courts are required to consider these guidelines when they are determining kid custody orders.

This ways the judge volition decide the child custody arrangement that best suits the child'southward needs. When considering all these factors, you should be aware that the courtroom evaluates each parent, including their dating or married human relationship. The judge volition likewise consider accusations of drug, booze, or prescription abuse, domestic violence, and child corruption.

The courtroom might besides seek independent confirmation for whatever of these factors forth with child abuse allegations from police force, social welfare department, and any bureau that provides drug and alcohol abuse rehabilitation.

California law strongly encourages parents to create their own child custody agreements and requires those that tin can't reach an agreement to participate in mediation prior to court.

In situations where the parents are unable to come to an agreement on legal or physical child custody arrangements, so the family unit court will decide custody based on the factors listed in this article and primarily what is in the best interest of the child.

A Los Angeles child custody chaser can help y'all navigate the complexities of kid custody laws, including how this legal standard affects your case.

Start with the Assumption That Joint Custody is Best

All courts begin cases with certain legal assumptions, which either side must either testify or disprove, depending on their goals. For case, in criminal trials, the defendant should be causeless innocent until proven otherwise.

Under California family law, the courts must assume that some grade of joint custody is all-time for the child unless one side proves otherwise. Articulation custody can take many different forms and looks different for all families. First, there is a departure between physical and legal custody.

The physical custody part of the agreement covers how oftentimes the kid will be in each parent's care. Legal custody grants the correct and responsibility to brand major decisions regarding the child's health, teaching, and well-existence.

Articulation custody as well does not have to hateful a 50/fifty time or conclusion-making power. For case, physical custody could be carve up 60/40 or even seventy/30 and nonetheless be considered joint custody. In general, sole (or full) custody occurs when one parent has at least 70 percent physical custody.

Considering the Health, Safe, and Welfare of a Kid

In general, the courts attempt to rule in favor of the child maintaining a relationship with both parents, as this is in keeping with the court's assumptions about the best interest of the child.

However, cases sometimes arise where one parent is non fit to have legal and/or physical custody. Even if both parents are fit to parent at some level, an fifty-fifty split may not exist in the all-time interest of the child.

The courtroom considers three overarching topics when they decide on a custody case: the child'south health, rubber, and welfare. During these considerations, courts may look for answers to questions such as:

• Wellness – Does the child have any health concerns, including disabilities or special needs? Is the child getting the healthcare they need? Are both parents able and willing to care for the child'due south health?
• Safety – Is the child unsafe in whatever mode when with i parent? Does one parent'southward home provide more rubber? Is the child safer in i school or the other?
• Welfare – Are in that location other special considerations for this child? Are both parents able to provide for the child'south emotional and psychological needs? Is the child old enough to have a say in this decision?

There may be many other questions that autumn nether these categories. Parents and their child custody attorneys must evidence to the court that when the child is with the parent, the child's health, safety, and overall welfare are a top priority.

How Abuse, Addiction, and Criminal History Touch on Decisions

While California courts try to aim for some form of joint custody, the courts recognize that this is not always in the best involvement of the child. When either parent has a contempo history of abuse, addiction, or criminal action, it may exist clear that sole custody with the other parent is in the best interest of the kid.

California courts may grant sole custody to one parent when it finds that the other parent has committed domestic abuse confronting whatsoever of the post-obit people:

• Any biological child of the parent in question
• Any person whom the parent was taking care of, fifty-fifty if just temporarily
• The other parent
• Any person with whom the person has a romantic relationship
• Another cohabitant

In these cases, the term "corruption" is non limited to physical violence. Corruption may also include emotional or sexual abuse. The court may make similar decisions if one parent:

• Is a registered sex offender
• Has committed kid corruption
• Lives with unresolved addictions to alcohol or illicit substances

If the other parent presents any of these safety concerns, it does non hateful that you lot automatically win total custody. You and your family unit law chaser must provide proof to satisfy the court.

Situations Considered Not in a Child's All-time Involvement

California family court judges e'er favor keeping a child in an arrangement they are familiar with. For example, allowing a child to stay in the same school or neighborhood.

This ways judges don't typically favor an system where 1 parent is denied access to the child or where visitation is difficult. It should be noted that even in situations where ane parent is granted sole concrete custody, the other parent will usually have the correct to visitation.

California child custody laws favor custody arrangements allowing both parents to maintain a close and loving relationship with their child.

Relocating might non be considered in your child's all-time interest. For example, the family unit court approximate will usually deny any request to move if they believe the parent making the request is attempting to deny or limit the other parent's access to the child.

However, there are situations when moving could be in the best interest of the child if the move allows the kid to nourish a better schoolhouse, or gives them access to better child care or a support system.

You need to remember they when a family unit courtroom is deciding custody, their goal is to keep all other aspects of the kid's life consistent while making sure both parents are given the opportunity to exist an active function of the kid'southward life.

Retain a Los Angeles Kid Custody Attorney

If you lot are facing a child custody battle, you lot need to consult with an experienced family constabulary attorney immediately. Our lawyers will review the details of your instance and aid you navigate the circuitous legal process. Our qualified kid custody attorneys have been successfully representing clients in family constabulary matters for over a decade and can help you.

We serve clients throughout Los Angeles, including Encino, Sherman Oaks, Tarzana, Van Nuys, San Fernando, Hollywood, and Ventura Canton. While the term sounds uncomplicated at start, finding what's in the "best interest of the child" is rarely straightforward.

That's why information technology's vital to take an experienced Los Angeles child custody attorney past your side. We tin assist create your case and bear witness the gauge why it is in the best interest of your child.

Furman & Zavatsky are Los Angeles divorce and family unit constabulary attorneys located in the San Fernando Valley at 15821 Ventura Blvd #690 Encino, CA 91436. Contact our office at (818) 528-3471 for a complimentary case consultation to acquire how we can help.

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