Child custody can be a sensitive issue for many divorcing couples. Several factors are used to determine child custody and knowing what those are can help provide for a smoother child custody process for the divorcing couple and their family.
Child custody proceedings can also be complex, and many factors can influence the outcome of the final determination. The court may take into account both parent’s living situation, the child’s age and, in some cases, the child’s preferences. However, the most important factor is the child’s best interests.
If you are involved in a child custody case, our team at Rombro & Manley LLP can guide you through the legal process and help you understand how child custody decisions are made.
We encourage you to contact our attorneys online or call us at 310-545-1900 to schedule your consultation.
Child custody factors used to determine child custody
Several factors are used to help determine child custody including:
- The age of the child;
- The health of the child;
- The emotional ties between either parent and the child;
- The ability of the parents to care for the child emotionally, physically and financially;
- Any history of family violence or substance abuse; and
- The child’s ties to school, home and their community.
It is important for divorcing parents to understand that both legal and physical custody of their child will have to be determined. This means that as part of the child custody process, which parent the child will live with has to be determined and which parent will make important decisions for the child also has to be determined. Both physical and legal custody can be shared jointly or can be sole. If one parent has custody of the child, the other parent typically will have visitation rights with the child.
What is in the best interests of the child is always the guiding factor in child custody determinations but child custody factors are used to determine what child custody arrangement would be best for the child. For that reason, it is helpful for divorcing parents to be familiar with how child custody is determined.
Factors California Courts Consider When Determining Child Custody
While the child’s best interests are the primary determining factor, there are a number of other elements that the court will take into consideration when establishing a child custody agreement. Obvious factors, such as a history of abuse, or even allegations of abuse, as well as alcohol or drug use by either parent will affect the final outcome.
In addition, the court may consider each parent’s living situation, the child’s age and the ability of both parents to cooperate.
Living situation
Typically, in divorce or separation cases, one parent remains in the family home, while the other parent must establish a new residence. It is important that your new residence is safe, and provides adequate living space for you and your children. A residence that is closer to your family’s home or your children’s school can also improve the likelihood of shared custody, as the child will be able to maintain their schooling and social life without major disruptions.
The child’s age
In the state of California, children over the age of 14 may make their preferences known to the court and the court is required to take these preferences into consideration. Younger children sometimes spend more time with the “primary caretaker,” which falls on the parent who performs most of the essential daily duties, including bathing, meal planning and arranging for health care. It is extremely important to establish a schedule in child custody cases involving unmarried parents.
Cooperation between the parents
You should maintain civility with your co-parent whenever possible to protect your child’s emotional well-being. You should not speak ill of the other parent in front of your child or attempt to alienate your child from the other parent in any way. These actions can impact the court’s perception of you and influence the final agreement. More importantly, these actions harm your child.
Additional considerations
In some cases involving unmarried couples, the mother is awarded sole physical custody unless the father is actively involved with the child. While it is unlikely the father will be awarded sole custody if the mother is a good parent, he can gain joint custody and/or visitation rights. it is important to establish paternity early on to protect your paternal rights if you are unmarried.
While the child’s best interests are the primary determining factor, there are a number of other elements that the court will take into consideration when establishing a child custody agreement.
Who Determines Custody?
Parents who are cooperative can often make custody decisions together, with the help of their lawyers, mediators or counselors. It is important to remember that you have a say in your child custody proceedings. If you can work together to create a fair parenting plan that keeps your child’s best interests in mind, you can avoid litigation and maintain control over your family’s future.
Learn More Today
If you are involved in difficult child custody proceedings, it is important to work with an attorney who will protect your family’s best interests.
Contact our law office online or call 310-545-1900 to schedule a consultation with Rombro & Manley LLP and learn more about our family law services. We would be happy to address any and all of your questions.
