Understanding California Law for Child Custody during Divorce

Many people are unaware how the courts determine which parent will have physical custody of the children in a divorce, particularly where the parents cannot agree on this issue.

In California, children do not automatically go to the custody of the mother. Rather, California law requires judges to have as their primary consideration the child's "best interest" when determining the appropriate physical custody of a child.

California courts have wide discretion in determining a parenting plan that would be in the best interest of the child. The "best interest" rule does not necessarily mean that the parent with more money will win custody (although money is a valid and appropriate consideration). Rather, the judge will consider the full range of facts involving the health, safety, and welfare of the child.

The Court must determine which parent can better provide a nurturing, safe and stable environment for the child. Some factors under consideration include the amount of quality time each parent is able to provide for the child, discipline, safety precautions, feelings and desires of each parent, history of spousal or child abuse, stability and continuity of environment, and sometimes the child's own wishes. These are just some of the factors considered by the Court.

For most cases, after all of the evidence has been submitted to the Court, it will fashion an appropriate custody order that strives to give the child access to both parents, not just one parent. The Court wants to assure that "frequent and continuing contact" with both parents is maintained, as this is usually considered in the "best interests" of the child. In all cases, it is beneficial to both parents (and usually beneficial to the child) if they can come to an agreement regarding this issue.

From the Navy Compass.

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