What Factors are Considered in Child Custody Cases?

The California Family Code states that  children should have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship. In addition, it is the policy of the state to encourage parents to share the rights and responsibilities of child rearing. All court orders for child custody must be designed to further these goals.

In determining the custodial arrangement, the court must be guided by what is in the best interests of the children.  The law gives judges the “widest discretion” in deciding what is in the child’s best interest. But the law specifically requires that the court consider:

• The health, safety, and welfare of the child

• Whether there is any history of abuse by one parent against any child, the other parent or any other person who is seeking custody

• The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.

^{-Glen L Rabenn, Certified Family Law Specialist}