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What is evaluated when child custody is under review?
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What is evaluated when child custody is under review?

| Jun 21, 2021 | Family Law

Child custody matters can be important to California parents when they go through the divorce or separation processes. In some cases, parents who have already ended their relationships with their exes may revisit their child custody matters through modifications and hearings to make changes to them. Whenever child custody issues are brought up in court, the standard that most decisions will default to is what will serve the child’s best interests.

The best interests of a child can look quite different from child to child, and for that reason the standard is subjective. Many different factors are taken under consideration before a court will allow parents to agree to a custody or parenting plan. This post will discuss some of the factors that courts may look at when determining child custody matters, but readers are reminded that this post does not provide any legal guidance.

Important child custody factors in California

There are specific characteristics related to children that courts will consider when making child custody decisions. For example, the age of the child and their needs will be of great importance to child custody decisions. Also, the child’s health and the ability of the parents to take care of the child and their unique needs will be evaluated.

Aside from being able to support their child physically and financially, a parent must also be able to give their child emotional support and help them develop and grow. Courts can look at family histories of abuse and violence when making child custody decisions, and they can look at the parents’ willingness to work together to support their child as they move into a custodial system.  Other factors can be evaluated if they are relevant and necessary to the best interests’ determinations of a particular child custody case.

Custody in California

Once a court has had an opportunity to evaluate what will serve a child’s best interests, it can begin to divide up parental rights into a parenting plan for custody. In some cases, California parents may share custody of their children. They may share in the responsibility of having their child spend time in both of their homes, and they may share in the responsibility of cooperating to make important decisions about their child’s life.

Child custody matters can be overwhelming, difficult, and confusing. Parents who have concerns about working through the many factors that can influence the outcomes of child custody cases should understand that they do not have to face their legal problems alone. They may choose to work with family law attorneys who understand the importance of getting custody matters right for the benefit of the children.