Courts in California, like in many other jurisdictions, are intended to make decisions based on a statutory criterion known as the "best interest of the child." Although this is an admirable goal, it is often unclear and subject to different interpretations.
This standard contains a handful of guiding considerations that must be taken into account while determining child custody or visitation rights. These elements are established in California Family Code 3020 as the child's health, welfare, safety, as well as the fostering of regular contact between the child and the parent.
There are numerous variables that a family court judge needs to evaluate on a case-by-case basis, and these elements are outlined in multiple independent acts. In layman's words, every California family law court must take these factors into account while establishing child custody decisions.
What Does "Best Interest of the Child" Mean in California?
There is no simple definition of what is in the best interests of the child. This phrase refers to the procedure through which a court determines who is most suited to take care of the child and also what measures will serve the child the most. It considers the child's needs as well as which parent is best qualified to address those needs.
Keeping the child's "best interests" in mind implies that all custody and visitation negotiations and judgments are undertaken with the primary objective of promoting and nurturing the child's happiness, safety, psychological well-being, and emotional growth into early adulthood.
In general, it is usually in the child's best interests to retain a loving and caring relationship with their parents; unfortunately, the realities of establishing and sustaining such connections can be the most difficult aspect of settling a child custody case.
The best interest of the child means that the court will decide on the child custody plan that best meets the requirements of the child. When evaluating all of these considerations, keep in mind that the family court analyzes each parent individually, including their courting or marital relationship. Additionally, the court will consider allegations of alcohol, drug, or prescription drug misuse, any cases of domestic violence, as well as child abuse.
The court can also seek impartial proof for all these elements, as well as reports of child or domestic abuse from the law enforcement authorities, the social welfare office, and any organization that offers alcohol and drug abuse treatment.
California law actively urges parents to establish their child custody arrangements and compels those who are unable to do so to engage in mediation before going to court. If the parents have been unable to negotiate on constitutional or physical custody arrangements of their child or children, then the family court judge will rule on custody depending on the elements outlined in this blog and, most importantly, what is in the best interests of the child.
A San Diego child custody lawyer can assist you in navigating the intricacies of child custody regulations, as well as how this constitutional standard impacts your situation.
Begin with the Presumption that Joint Custody is Preferable
All family courts initiate cases with specific legal assumptions that either party must establish or refute, based on their objectives. In criminal proceedings, for instance, the accused should be presumed innocent until proven guilty.
Unless one party shows otherwise, the California courts should presume that some kind of joint custody is beneficial for the child. Joint custody could take several different forms or appear different for every family. For starters, there is a distinction between legal and physical custody.
A physical custody element of the arrangement specifies how much time the child will spend with each parent. Legal custody gives the authority and obligation to make key decisions about the well-being of a child, his or her health as well as education.
Joint custody does not have to imply a 50/50 split of resources or decision-making authority. Physical custody, for instance, could be apportioned 60/40 or 70/30 and will still be called joint custody. Generally, full (or sole) custody is established when one of the parents has a minimum of 70% physical custody of the child.
Considering a Child's Health, Safety, and Welfare
In general, family court judges try to issue their ruling in the favor of the child retaining contact with both parents since it is consistent with every court's views about the child's best interests. However, there are situations when one of the parents is unfit to have either legal or physical custody of the child. Even though both parents are capable of parenting on some levels, even allocation can sometimes not be in the child's best interests.
When deciding on custody, the court analyzes three broad issues: the child's health, welfare, and safety. Throughout these discussions, judges seek responses to queries including:
The Health of the Child
Does the child in question have any health concerns, such as impairments or any special needs? Is the kid receiving the necessary medical care for the condition? Are the parents capable and prepared to look after the health of their child?
Safety of the Child
Is the child in any sense unsafe when only one parent is present? Is it safer to live in one parent's house? Is he or she safer in this or that school?
The Welfare of the Child
Are there any additional unique concerns for the child in question? Are his or her parents capable of meeting their child's psychological and emotional needs? Is the child of legal age to participate in this judgment?
There could be many more questions that fit under these sections. Parents along with their child custody lawyers must demonstrate to the court and judge that whenever the child is with either parent, his or her health, safety, and general well-being are considered a priority.
Additional Considerations in Determining the Child's Best Interests
Even though the child's best interests standards can be difficult to describe in some cases, there are a few common elements that are considered in most custody cases, including:
- The desires of that child (if he or she is old enough to articulate a legitimate opinion)
- The parents' emotional and physical wellbeing
- Any special requirements that child has, as well as how each of the parents addresses those needs
- Any religious or cultural concerns
- the necessity for a solid home setting to be maintained
- Any other children whose custody is crucial to the custody order for this child
- Assistance and relationship with relatives of either parent's close relatives (like grandparents)
- Connections and relations with other family members
- changes to the school and neighborhood
- The child's age and gender
- If there is a history of domestic abuse the family
- Parental usage of extreme discipline or psychological abuse
- Proof of parental substance addiction, alcoholism, or child and sex abuse
Note that courts do not look at one aspect in isolation, but rather adopt a more comprehensive approach. The court's best interests judgments are usually made after taking into account several elements relating to the child's situation as well as the parent's or guardian's status and capability to parent the child, with the child’s overall safety and wellbeing being the most crucial subject.
How Addiction, Abuse, and Past Criminal Records Affect the Court's Rulings
While courts in California strive for some kind of joint custody, they acknowledge that it isn't always in the best interests of the child. If one of the parents has a record of abuse, drug dependency, or criminal conduct, it could be obvious that exclusive custody will be given to the other parent.
If a parent is found to have perpetrated domestic violence against the following individuals, California courts could grant exclusive custody to the other parent:
- A biological child of the parent under consideration
- Anyone who the said parent was caring for, even though it was only for a brief moment
- The other parent
- Anyone romantically involved with him or her
- Another domestic partner
In these situations, the word "abuse" refers to more than just physical harm. Emotional and sexual abuse are also examples of abuse. A similar ruling by the court can be issued if a parent:
- Has a history of child abuse
- Is a convicted sex offender
- Has unresolved alcohol or drug addictions
How to Prove the Child's Best Interest
You will need substantial evidence to demonstrate that you're the parent who can meet their child's best interests. Consider the ten approaches listed below to make your claim.
Create a Parenting Plan
Prepare a parenting plan proposition to demonstrate that you're concerned about your child's welfare and security. You can create one by yourself or work out an agreement with your partner.
Only if there is a strong reason to refuse visits, the proposed visitation plan ought to be equitable to the other party. Judges reflect poorly on agreements that make visitation rights difficult or do not permit the other party any visiting time.
Furthermore, the changes should not be too dramatic in comparison to the present setup. When you have a younger child or your youngster hasn't spent lots of time with his or her other parent, take into account offering up a step-up parental arrangement.
Maintain a Record of Your Parental Time
The standard of the best interest of the child tends to favor parents who spend more time with the children. Keep track of your parental time, and then prepare a report to use as proof in a court of law. The parent who devotes more time to the children has a higher chance of getting custody because the child is more accustomed to them.
You can also use the record as evidence that the other parent is attempting to restrict the time you spend with the child or children.
Keep a Journal to Demonstrate that You are Meeting Your Parental Responsibilities
The primary caregiver for the child is viewed positively by the family court judge. Keeping a custody journal helps you keep track of the responsibilities you have as a caregiver. Take notes about making food for your children, assisting them with their studies, driving them to doctor appointments, and so on. You can also upload images and other pertinent files to add to your journal.
Keep a Record of all Child-related Expenditures
Keep records of the expenses you spend for babysitting, school materials, clothes, or any other expenses you make to demonstrate your dedication to your children's care. Attach receipts to prove the legitimacy of each transaction.
Get Dependable Child Care
Caregivers are often ignorant of the fact that their child care choices also influence the judge's ruling. Ensure that each child has a secure, dependable place to go when you're at work or otherwise unavailable. When both parents are actively involved in their child's lives and are both capable of caring for them, formulating a better child custody arrangement could influence the judge's decision.
Request Close Friends, Relatives, or Others Who Know You Personally to Testify on Your Behalf
Witness accounts will play an important role in your case. You can request relatives, friends, or even your children's teachers or anybody with actual understanding of anything that you think will aid your case to offer their thoughts as to why they feel you are the perfect parent to be given custody rights.
This is particularly critical if you have had run-ins with the authorities or have a history of substance misuse. Compelling evidence from an expert who is familiar with your recovery can help show the judge and court that you are capable of taking an important role in your children's or child's life.
Sometimes judges will consider character recommendation letters whereby the witness explains why the parent is the best choice for custody.
Demonstrate Your Willingness to Collaborate with the Other Parent
A child will benefit the greatest if both parents are actively involved in their lives. When a parent demonstrates a willingness to co-parent or allow the other party to be involved in the children's life is much more probable to win custody.
When you feel that the other parent poses a risk to your children's wellbeing, make sure you have solid proof to substantiate your concerns. When you make false claims, you could face sanctions, and the court is more likely to award custody of your children to the other parent.
If the other parent refuses to let you be a presence in your children's lives, you can keep records of any interactions to prove when he or she refused to let you visit or any other encounters.
Learn About Your Child's Interests
Demonstrate to the judge how much you know and care for your child. It can include understanding their favorite colors, favorite meals, extracurricular activities, and so on. Bring projects they created or pictures to prove how good your relationship is.
Make Sure Your Child has a Safe Home to Live In
Ensure you have a secure place to live. If you do not meet this requirement but the other parent does, he or she has a stronger chance of receiving custody. Quite often the parent who remains in the marital home has a better chance of gaining custody. In most divorces, the partner who is given custody of the children receives their family home. It is also beneficial to live close to your ex-partner because it makes visitation smoother and increases your likelihood of acquiring a fair share of parental time.
Act Appropriately in Court
In addition to the proof you offer, the judge will evaluate your conduct in court while making a custodial ruling. Disrespecting others and disrupting them will create a negative impression. Don't speak out of order, obey the judge's directions, and show some respect to everybody in the courtroom.
Situations Not a Child’s Best Interest
Judges in California family courts always prefer to maintain a child in a trusting environment. Letting a child remain in their current school or region, for instance.
This means that judges are unlikely to approve an agreement in which one parent is refused contact with the child when visitation is challenging. It should be emphasized that even when one parent is awarded exclusive physical custody of the children, the other parent has the right to visitation. Child custody regulations in California support custody arrangements that enable both parents to have a loving and caring bond with their children.
In some cases, the child's best interests can not be served by relocating. For instance, if a judge believes the parent seeking the request is trying to prohibit or restrict the other parent's contact with the child, the petition will likely be denied.
Moving, on the other hand, can be in the child's best interests if it permits the youngster to join a good school or have accessibility to improved childcare services or a supportive network.
If the court determines custody, keep in mind that the aim is to maintain all other parts of the children's life stable while ensuring that both parents have the chance to be fully involved in the children's life.
Find a San Diego Family Law Lawyer Near Me
While the concept seems simple at first, determining what's in the "best interest of the child" is not easy. This is why you need an expert lawyer who can advise you on how to move forward with any custodial issues.
At the San Diego Family Law Attorney, we will work hard to ensure that your child's best interests are served. Contact us today at 619-610-7425 for a free initial consultation.
