The guiding principle of California Family Law in cases which includes a child or children is “the best interests of the child.” What does a San Diego Family Court Consider to be the best interests of the child? What do you need to know as a parent during and after a divorce which involves child custody and parenting time?
While there are several factors identified in California Family Law and subsequent cases which help to define the best interests of the child there are many basics which apply to every case. The first of these is simply keeping a child safe and healthy. Therefore, any issues associated with domestic violence (past or present) as well as challenges such as drug or alcohol abuse are likely to be among the first factors considered by the Court in these matters.
Another of the factors which our Courts consider to be the best interest of the child relate to housing and an appropriately supporting home life. If co-parents seeking custody or parenting time in a contested family law case can expect an inquiry into the actual home where the child would stay and the environment of life within that home. The Court may order an expert review of each potential home and parent as well as the environment the child could be exposed to.
What other factors does a San Diego Court consider to be the best interests of the child in these cases? Generally speaking, our Courts believe it is best, whenever possible, for the child to spend roughly the same amount of quality time with each parent. Many studies support this and demonstrate joint-custody orders are usually best for the overall well-being and development of children during and after a divorce. In the absence of potential danger or harm to the child a co-parenting situation is usually given serious consideration.
The Court will also take a close look at the existing natural rhythms in each child’s life including, but not limited to school, friends, close family relationships, religious practices, special health considerations and even extra-curricular activities.
Learn more about the factors which a San Diego Family Court consider to be the best interests of the child. We invite you to review the strong recommendations of former clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.