Visitation

What factors do courts take into account when deciding who gets custody of the children?

The golden standard for determining which co-parent gets custody of a child is “best interest of the child.” However, this description is purposely vague. The reason for the vague definition is to allow courts to consider the details of every case. In California though, family courts must consider specific factors when determining the “best interest” a child.

• The health, safety, and welfare of the child.
• That children have frequent and continuing contact with both parents after the parents have separated, except where the contact would not be in the best interest of the child.
• Any history of abuse by one parent or any other person seeking custody against a child, the other parent or other members of the household.
• The nature and amount of contact with both parents (certain exceptions apply)
• The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.

Numerous books, articles and case decisions directly address the definition of “best interests.” Since the definition depends so heavily on the particular facts in a given case and their application to existing law and policy, it is advisable to contact a lawyer to help you with your particular situation.