The Standard Behind Every Custody Decision

Every custody decision in California comes back to one question: what is in the child's best interest? Understanding how judges answer that question helps you present your case the right way.

Under Family Code section 3011, the court considers factors including:

•       The child's health, safety and welfare

•       Any history of abuse by a parent

•       The nature and amount of contact with each parent

•       A parent's habitual or continual use of alcohol or illegal drugs

California policy also favors frequent and continuing contact with both parents, as long as it's safe and in the child's best interest (Family Code 3020). There's no automatic preference for mothers or fathers.

In my experience, the parents who do best in court are the ones who keep every request focused on the child. Judges hear a lot of complaints about the other parent. What stands out is a parent who explains how a proposed schedule supports the child's school, routine, health and relationships.

When you write your declaration or speak in court, ask yourself: does this help the judge see what's best for my child?

If you have questions about your custody case, call me at 877-4CA-FCLS (877-422-3257) for a free consultation.