Family Court's Considerations for Determing Child Custody
During a dissolution it is often the children who suffer the most. California Family Law has given Family Law Judges very broad discretion in fashioning a custody arrangement that best suits the children's needs.
The key factors the Court considers - Family Code Section 30111. Health, safety and welfare of the child.
2. Any history of abuse by either parent
3. The nature and amount of contact with both parents
4. Use or abuse of controlled substances.
Which Factors are really the key to the Court's decisions?In most cases the first and third factors are the key to a Court's order. The health, safety and welfare of a child can include almost any factor deemed relevant by the Court. Seldom are the health and safety of a child litigated. The Court's consideration of the "welfare" of a child is very broad. Discuss these facts with your attorney early in your case.
The nature and amount of contact with both parents does not necessarily put a full-time working parent at a disadvantage. Be prepared to tell the Court about school, activities and educational issues of each child.
Keep a log of activities if you are considering filing for divorce. An accurate contemporaneous log will assist you and your attorney to prepare your case.
Judges have a substantial amount of discretion to fashion custody plans. Early preparation will help you achieve your custodial goals