Parents who are in the initial stages of divorce have many questions about child custody matters. Although various state statutes indeed play a role in how the courts determine parental custody, all 50 states operate under the standard of “the best interests of the child.” This standard is open to interpretation by different judges, but the following factors affect Child or spousal support.
The Living Situation of Each Parent
The living situation of each parent speaks to the stability that each parent can provide the children. Judges look more favorably on parents with secure homes, steady jobs, and homes with enough room to accommodate the needs of the children. Suppose either parent remains in the family home and is committed to staying there for the foreseeable future. In that case, courts may choose to grant custody to this person if all else is equal. The reasoning behind this is to cause as little disruption as possible in the lives of the children.
The Relationship of Each Parent With the Children
The court will examine the pre-divorce relationship the children had with each parent before filing divorce proceedings. Although most parents love their children, some develop stronger bonds with their children than others. and judges tend to award custody to these parents. Because parents may try to win over their children during divorce proceedings when they previously had little time for them, courts tend to look into the family’s history rather than at what’s currently going on.
The Preferences of the Children
In the case of older children, the judge may talk with each one privately to determine which parent the child would prefer to live with. In California, judges must give weight to the preferences of children who are at least 14 years of age.
The Presence of Abuse or Neglect
California courts typically deny the custody petitions of parents who have a history of neglect or abuse regarding their children. Because some parents may attempt to sway the court’s opinion during custody disputes, courts generally require substantiation beyond the word of the other parent.
The History of Alcohol or Drug Abuse on the Part of Either Parent
California courts also consider whether either parent is currently abusing alcohol or drugs or has a history of doing so. As with abuse or neglect, opposing parents sometimes make false allegations to influence the judge against the other parent. For this reason, courts usually only consider documented evidence such as a history of DUI arrests or illegal drug charges.
California law recognizes two types of custody, legal and physical. Divorcing parents are encouraged to share both kinds whenever possible. However, those who can’t reach an agreement should contact us for a detailed discussion of the situation and explore their options.
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