Divorce and separation bring about child custody battles, which are not always favorable for a child. Outcomes of custody battles may cause a child's environment to change and cause them emotional distress. In California, courts often make decisions in family court based on the best interests. A child's best interest is the situation or outcome that best suits their need and well-being. While there isn't a clear-cut meaning of a child's best interests, there are several factors that the judge must consider when determining child custody.
When considering the factors that sum up to a child's best interests, the court will evaluate you and the other parent, including your living arrangements, stability, and ability to provide safety for the minor. If you seek custody of your child after a divorce, you have the burden to prove to the court that you are the parent who can serve the child's best interests. Navigating child custody battles can be very challenging. Therefore, seeking legal guidance is vital.
What Does Best Interest of a Child Mean?
The term "Best interests of a child" refers to a court process of determining the best fit to care for the child after a divorce. Children suffer the most when parents divorce. Decisions have to be made on where they live and who can be involved in their lives. In California, the family court judges make decisions on custody based on what will benefit the child. Whether or not you receive custody or visitation right will depend on your ability to provide the best environment and care for that child.
Every court defines the best interests differently based on the specific circumstances. However, there is the best interest of the child standard, which acts as a basis for the custody decisions. The best interest standard aims at protecting the physical, mental, and emotional well-being of the child.
The court often wants parents to mediate and agree on custody issues. However, divorce often results from unpleasant events, and, likely, you and your ex-spouse are not on good terms. If you are incapable of putting your disagreements behind you and coming up with an agreement in the child's best interests, the family court will decide for you.
In most custody battles, parents want to have the upper hand over each other. Therefore each of them could argue that they are a better fit. Especially in cases where both parents have been actively involved in the child's upbringing, each could claim that with them is where the child's best interests lie.
However, according to the child's best interest standard, the parents' wishes are subordinate and secondary to what the court views as the child's best interests. The judge forms their own opinion on what they feel is the child's best interests after considering the primary factors such as the child's safety, health, social development, and physical and emotional well-being.
One of the child's best interest standard principles is that a minor could benefit more from constant support and frequent contact with both parents. After listening to testimony from both sides, the court leans towards a decision that allows the involvement of both parents.
Determining a Child's Best Interests
There is no clear meaning of a child's best interest. In most cases, it will depend on the situation at hand. How you interpret the phrase during a divorce and custody battle can significantly impact the child's future and the parents. Although there isn't a predetermined rule or set of guidelines at the State or federal level on the matter, there are factors that the judge could consider when determining what is in the child's best interests.
The following are some factors that impact a judge's decision when awarding child custody and visitation arrangements in California:
The Childs Age and Personal Health
While the idea of a child's age is being given less weight as circumstances change, some judges still consider it when determining the child's best interests in a custody case. Age is often a determinant in younger kids solely dependent on their parents. If one of the parents is a primary caregiver to the child, the court will conclude that it is in their best interests to remain with that parent until they gain some independence. In cases where a child is nursing, that fact could outweigh all other considerations. Custody arrangements in such a case could be subject to modification once the child stops nursing.
Additionally, the court could consider a child's health when awarding custody. It would be best for children with special needs or disabilities to remain in a familiar environment. Also, the parent who provides the daily specialized care could be factored in such a situation.
Parents Living Situation
The divorce process is challenging for the spouses and children involved in the marriage. When making custody arrangements, the court wants to maintain as much stability as possible in the lives of the children. Therefore, the parent who remains in the family home after the divorce could be favored in custody arrangements. Maintaining a familiar environment is always in the child's best interests.
During a divorce proceeding involving children, the divorce court is likely to order the parent who seems more fit to care for the children to remain in the family home. If you move away to live with a friend or family member, the chances are that you will not be awarded physical custody of the children. Before you go to court for a custody hearing, it is essential to ensure that you have stable and safe housing.
Emotional and Financial Stability
Although it may seem unfair, judges are big fans of financial stability for children and maintaining continuity during traumatic events like divorce. Although a poor parent will not be denied custody of their children solely based on that reason, the court could decide that the child's permanent residence be with the parent who can provide and maintain appropriate care on a long-term basis.
Additionally, the court will consider the parent who can provide a stable environment during a divorce's emotional times. If your child has exhibited frequent absence from school, the judge may find it in their best interests that they move from the neighborhood.
Relationship with the Child
Sometimes, it takes an event like divorce to inspire a parent to be actively involved in their child's life. When awarding custody, the judge will consider how involved you were in the child's daily life. You would have a better shot at custody and visitation rights if you demonstrated a good parent-child relationship before the divorce.
Additionally, each parent's commitment to building a healthy relationship between the child and the other will be key. The court always wants to ensure that the child has contact with both parents until proven otherwise. Therefore, if a parent strives to maintain a good relationship and cooperate with the other parent, the judge will favor custody.
Background and Stability of the Parent's Lifestyle
Although the court system aims at arriving at joint custody for children after a divorce, judges recognize that this arrangement is not always in the child's best interest. When a custody battle goes to court, the judge will assess each child's background and lifestyle to determine if their contact with the child is in their best interest. If one parent has a history of criminal activity or drug addiction, it is clear that custody would be awarded to the other parent. A parent addicted to drugs may not provide a stable and conducive environment for the child.
If you have had problems with the law or have a history of substance abuse, you could ask a professional to testify regarding your progress. A strong testimony from a professional can help improve your chances at a favorable custody arrangement.
The Childs Safety
The best interests are by being in a safe environment free from harm and abuse. If one parent has a history of domestic abuse directed to any of the following individuals, sole custody could be awarded to the other parent:
- A biological child or parent of the child
- A minor under the care of the parent in question
- Anyone with whom the parent in question has had a relationship
In custody battles, the issue of abuse is not always limited to physical abuse. The court could make a similar custody decision is when one of the parents has had a history of emotional abuse or is a known sex offender in California.
If you believe your child's other parent is a danger to their safety, you can present this fact in court. However, you need to have strong evidence to support the claims. Otherwise, you could be charged with making false accusations.
The health of the parent
Each parent's mental and physical health is used to determine a child's best interests in a custody battle. A parent with serious health issues may be incapable of providing the level of care that the child needs. If the custody issue is determined based on the parent's health, a change in the health status could be a basis for modifications.
A Child's Preference
For children above twelve years, the judge can consider the child's preference when ruling on custody. However, the child's choice will not override the judge's consideration of other factors in the case. Most teenage children may prefer a less strict parent and not understand their best interests.
When you go to court for a custody hearing in California, you must be ready to prove that you are the parent who serves your child’s best interest. Therefore, you can bring a parenting plan indicating your involvement in the child’s life and a plan of how you can care for the child and protect them if they are placed with you.
Can a Judge Override a Child's Best Interests in a Custody Case?
Under some circumstances, the judge could override a child's best interests or give it away to other considerations. Factors such as a parent's illness, loss of employment, or the death of a close relative could impact a judge's decision to make custody arrangements. For example, a parent could be a child's caregiver, but they suffer a severe accident that makes them critical. Although the child's best interest could be to stay with the primary caregiver, the judge could decide to award custody to the other parent capable of caring for them under the current circumstances.
If you feel that the judge misapplied your child's best interests during a custody hearing, you can seek a review of the matter in the court of appeal. However, in most cases, the court of appeal will uphold the judge's decision since the judge examined the evidence and made first-hand observations.
If there is a change in circumstances where it is no longer in the child's best interest to remain or keep contact with the other parent, you can petition the court to review the circumstances. If the court finds ground in your petition, they could modify the custody arrangement. Seeking competent legal guidance is crucial when you want to petition the court for a change in custody arrangements.
Factors that are against the Best Interest of a Child
The phrase a child's best interest is common in the world of divorce when children are involved. Often, judges strongly favor a custody arrangement that maintains a child's lifestyle as much stability as possible. Especially in very young children, changing their living arrangements, school or environment could take a toll on them emotionally. The following factors are considered to be against the best interest of a child in custody battles in California:
Denial of Contact with One Parent
All custody court cases begin with assumptions that you must approve or disapprove of gaining your desired outcome. Before the judge can hear either side, they assume that joint custody is best for the child unless they prove otherwise. Joint custody can either be physical or legal. The physical custody part of the agreement stipulates how often each parent could spend with the child. On the other hand, legal custody grants each parent a right and responsibility to make crucial decisions in the child's life.
Unless there is clear evidence as to why one parent cannot be allowed contact with the child, the court favors an arrangement where both parents can be involved in the child's upbringing. The court believes that keeping the child stable is in their best interests. Severing a relationship with one parent could be a drastic change.
Even when one parent is given full physical custody, the court will allow visitation rights for the other parent. Visitation can either be supervised or unsupervised, depending on the factors of your case.
Relocation
After a custody battle has been settled, you and your ex-spouse or the other parent of your child will enter into a co-parenting arrangement. Relocation is considered to be against a child's best interest. A change of residence in a co-parenting situation requires notice to the other parent. If your decision to move is likely to affect the custody arrangement, the family court judge could deny your request to move.
From a legal, emotional, or logistic standpoint, moving to another state can be complex. Requesting to relocate could significantly impact the custody arrangement and prompt a modification. How your case turns out, in this case, will depend on the distance you wish to move, the visitation schedule, and the nature of the custody agreement.
The moments following a divorce can be very challenging. Many people want to move closer to family or chase better employment opportunities. When assessing your relocation request, the court will check the parenting plan and the reasons for your relocation. The court wants to ensure that you do not only want to relocate for selfish interests of keeping the child away from the other parent.
If moving allows a child to access better schools, support, and child care, the judge could rule that the move is in their best interests and thus allow it. If your ex seeks to move your children away, you must find evidence to prove to the court why the move will not serve the child's best interests.
Find a San Diego Divorce Attorney Near Me
All family courts in California base their child custody decision on the best interests. A child's best interest is the arrangement that best suits their needs based on the factors of the case. In most cases, judges want to maintain a child's stability and place them in a safe place and receive care. While the term seems straightforward, determining a child's best interest can be challenging.
If you are facing a child custody battle, you will need the guidance of an experienced divorce attorney. At San Diego Divorce Attorney, we will review the details of your case and help you navigate the complex legal processes. Also, we can help you gather the necessary evidence to prove to the court that your child's best interest is by being placed with you. We serve clients requiring legal guidance and representation in San Diego, CA, divorce and custody proceedings. Call us today at 858-529-5150 to discuss the details of your case.
