Best Interests of the Child

Mission Valley Child Custody Lawyers:

What does “Best Interests of the Child” mean?

In a dissolution, legal separation, nullity, or other proceeding to determine child custody, the trial court applies the “best interest of the child” standard when making orders concerning the physical and legal custody or visitation of minor children. In order to assure the children are placed in the best possible custody arrangement,  the Court considers the following factors, pursuant to the California Family Code Section 3040  when making its orders:

- the health, safety, and welfare of the child;

- any history of abuse by either parent against the child or other parent;

- the nature and amount of contact with both parents;

- the continual use of controlled substances or alcohol abuse by either parent;

- and all other factors the Court may find relevant.

It is public policy in California to ensure children involved in custody disputes have frequent and continuous contact with both parents. Additionally, both parents should continue to share in the rights and responsibilities associated with raising the child unless it is not within the child’s best interests of the child to have exposure to the parent.  Thus, there is a presumption of “joint” custody  although that may not mean “50%” in all cases.

Child custody disputes can be very complex. Additionally,  because of the importance of the subject matter, it is often best to hire an experienced attorney to help achieve the best possible results in your case. The attorneys at Wilkinson & Finkbeiner, LLP are Certified Family Law Specialists and have handled many child custody cases. For more information, please call our office at (619) 284-4113 to set up your free consultation.

For more information on child custody, please click here.