When parents separate or divorce, child custody is one of the most important issues to resolve. In California, family courts make custody decisions based on the best interests of the child, as outlined in state law. This legal standard helps ensure the child’s health, safety, stability, and well-being.
California Family Code §§ 3011 and 3020 set out the main factors that courts must consider when determining custody arrangements.
What the court considers
Under California law, judges must consider various factors when deciding what arrangement is in the child’s best interests. These include:
- The health, safety and welfare of the child
- Any history of abuse by either parent
- The nature and amount of contact the child has with each parent
- Any habitual or continual substance abuse by either parent
The court may also consider the child’s preference if the child is of sufficient age and can form an intelligent opinion. Additionally, California law prohibits courts from considering a parent’s sex, gender identity, gender expression or sexual orientation when making custody decisions.
Custody types reflect the child’s needs
California courts may award physical custody (where the child lives) and legal custody (the right to make major decisions about the child’s life). Either type of custody can be joint or granted solely to one parent, depending on what serves the child’s best interests.
In most cases, the law encourages frequent contact with both parents, as long as it does not compromise the child’s safety or well-being.
Ultimately, custody rulings aim to create an arrangement that supports the child’s long-term happiness, development and security. Co-parenting is encouraged when appropriate, but the child’s protection remains the court’s top priority.
If you’re involved in a custody dispute, seeking legal guidance can help ensure your rights are protected and your child’s best interests are upheld.