How Family Courts in California Determine a Child’s Best Interests
When many parents approach divorce in California, they immediately start worrying about how this development will affect their children. It is no secret that divorce can have a serious psychological effect on children, and it is always a good idea to minimize these issues to the greatest extent possible. Unfortunately, this is not always easy – especially if the parents are fighting each other over custody, property division, support payments, and every other aspect of divorce. On the plus side, family courts in California have made it clear that they will always act in the best interests of the children. But what exactly does this mean? How do family courts in California determine the best interests of a child, and how might this affect your custody battle?
Your Own Needs and Desires Do Not Matter
First, you need to accept that your own personal needs and desires do not matter in the slightest when it comes to child custody in California. The family court will base its entire decision on the needs of the child, so you will quickly encounter issues if you try to build arguments around your own needs. To effectively fight for custody, you need to leave your own wishes behind and focus entirely on what is best for your child. Your goal is to convince the family court that your child will live a happier, more productive, and safer life at your side. Do not make this about you.
The Age of the Child – According to the California Courts, one of the nine major factors that they consider when determining custody is the age of the child. Children that are very young may have a biological need to stay with their mothers. The obvious example is an infant that needs to breastfeed. This automatically means that the mother is likely to receive primary physical custody. Although this might seem a little unfair for fathers, it’s difficult to argue with this biological truth. It is in an infant’s best interest to stay with a mother so that they can breastfeed.
As children get older, custody becomes more flexible. If they reach “sufficient age and ability to voice an intelligent opinion,” the courts may listen to their preferences. This can have an effect on the outcome of a custody case – although it is not the only factor the courts will consider. California does not state that a judge must listen to a child’s preference once they reach a certain age. The judge can use their own discretion in this situation without following any specific guidelines.
However, once a child reaches the age of 14, they may address the family court and state their preferences. Again, there is no guarantee that the court will actually listen and take these preferences into account. In addition, a child cannot be forced to testify or address the family court against their wishes. Testifying in this manner can be incredibly stressful, and this is why judges often prevent attorneys from cross-examining children and subjecting them to psychologically harmful situations in court. The only real “concrete” rule here is that a child can choose which parent to live with once they reach the age of 18.
The Health of the Child – A child’s health issues may play a role in the outcome of a custody decision. If a child requires regular medical treatment, the court will consider how this might affect their day-to-day lives after a divorce. If one parent is better suited to provide this care, they will likely receive primary physical custody. For example, if a child is going through a serious illness and needs to visit healthcare providers many times per week, a court might favor a parent who has more free time during the day to facilitate these visits. If a child is disabled, a parent who works from home may be preferred due to their ability to supervise and care for the child.
The Emotional Ties Between the Parents and the Child – This is a fairly vague and all-encompassing factor. The “emotional ties” between a parent and a child are abstract concepts that can be difficult to measure. Generally speaking, a parent has a strong emotional tie with a child if they have spent more time with them prior to the divorce. But this is not always the case, and a child might feel a stronger connection with a parent who works full-time – even if they see them less often. Parents who have strong emotional ties with their children know all about their interests, hobbies, extracurricular activities, and their personality traits. If you want to show that you have a strong emotional tie with your child, it makes sense to learn as much as you can about them. This also ties into a child’s ability to state a preference, as they may explain their emotional connections with each parent once they reach a certain age.
The Ability of the Parents to Care for the Child – Some parents have a greater capacity to care for their children than others. This may involve financial security, although less affluent spouses will still likely walk away with child support, alimony, and part of the family estate. Perhaps a more important consideration is the amount of time a parent has to care for their children. If a parent is extremely career-driven, they may not have enough time to care for the child effectively.
Alternatively, a parent who stays at home might be better suited to a parental role. But this does not necessarily mean that a “stay-at-home” parent will automatically receive custody. After a divorce, a stay-at-home parent may need to work multiple jobs to make ends meet, leaving them with little time to care for their children. Some parents may have better support systems in place, such as grandparents and aunts that live in the same household.
Any History of Family Violence or Substance Abuse
This is one of the most important factors in a child custody case because it can singlehandedly affect the outcome. Even one instance of family violence can make it difficult for a parent to receive primary physical custody. In serious cases, it might even result in a parent losing the right to visit their children without supervision. The definition of family violence in California is becoming increasingly all-encompassing, and even verbal threats or other forms of “micro-aggression” can be considered family violence in some situations.
Substance abuse is another major issue, and parents who struggle with this mental disorder may find it difficult to retain custody. Even if the substance abuse does not directly harm the children, the courts may decide that exposing them to this environment is not in their best interests. Again, the definition of substance abuse is somewhat vague. If you have a few drinks after each day at work, does this constitute substance abuse? What about a joint of marijuana every month or so? Like many aspects of custody, the court will have to use its discretion when making decisions. It should be noted, however, that courts will view parents more favorably if they are actively seeking help for their substance abuse problems.
The issue with substance abuse and family violence is that spouses can make false accusations and drastically affect the outcome of a custody battle. Sometimes, parents are wrongly accused of committing these offenses, causing them to lose custody even though they haven’t done anything wrong. However, the burden of proof always lies with the accuser, and a qualified family law attorney can help you defend yourself against these baseless allegations.
The Child’s Ties to School, Home, and Their Community
A child’s ties to their community are important in the eyes of family courts in California. These children are already experiencing a major shift in their life, and moving them away from their community represents an additional cause of psychological harm that courts try to prevent if possible. This is why parents have a better chance of winning custody if they stay in the same community as their children’s schools, neighborhood friends, sports facilities, theater groups, and so on. Moving far away can make it difficult to win custody – especially if children need to be ferried back and forth between the two parents’ homes on a regular basis. Family courts are unlikely to subject children to this level of stress.
Where Can I Find Qualified Alhambra Family Law Attorneys?
If you have been searching for qualified, experienced family law attorneys, look no further than RM Law Group, LLP. Over the years, we have helped numerous divorcing parents through the custody process. We know that figuring out the best path for your children is not always easy – especially amidst the stress and confusion of a divorce. Understanding how courts determine the best interests of your children is only the first step to a positive outcome. Now you need to show the court why you serve your child’s best interests to the greatest extent possible. Book your consultation today, and you can immediately get started with an effective action plan.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
