The divorce or separation of California parents can be hard on every member of their family. However, when it comes to determining where their kids will live and how they will be cared for, parents should know that there are several important factors that courts will evaluate.
This post will discuss several of these factors, but as with all posts on this blog readers should understand that its contents are not legal advice.
Perhaps the guiding principle in child custody cases is how a court may serve the best interests of a child. As every child is different it is up to the courts to take time and determine the unique needs of the kids whose legal matters appear before them. What may support one child’s needs may be detrimental to another child, and therefore child custody cases are often subjective and difficult to anticipate.
Changes in a child’s living arrangements and schedule are often evaluated by courts handing child custody matters. If moving a child into a new home or placing them with a parent with whom they would have to change schools would be harmful, a court may defer to protect continuity between the child’s pre and post-divorce lives.
Finally, California courts look at whether a child has faced any instances of abuse or harm when under the control of either of their parents. The emotional, physical and psychological interests of children are relevant and important to child custody determinations. As every custody situation must be determined based on its own facts and circumstances, readers are encouraged to seek their own counsel from attorneys who work in the divorce and family law fields.