Focusing On Family Law – And You
Any of our readers in California who have been involved in a family law dispute that involves children have probably heard the term “the best interests of the child.” In child custody disputes in particular, this legal term reigns supreme.
Even if the parents seem to be in the midst of an all-out battle over child custody, at the heart of things “the best interests of the child” is really what is in dispute – the parents probably just don’t agree on what those best interests are and what they might be in the future.
Child custody overview
How does a family law court ultimately decide what, exactly, is in fact in the “best interests” of your child? Well, each situation is different, but there are various aspects of each family’s dynamics that could come into play.
For example: How old is the child?; What is the child’s health status?; What is the emotional interchange between the child and each parent like?; How strong are the child’s ties to his or her school and community?; Do the parents have differing levels of ability to take care of the child?; and, Is there any history of substance abuse or violence in the family?
These factors, among other potential factors, will be considered by the family law judge. But, of course, the facts of any given case will be different from others. And, if child custody is in dispute, each parent, through their attorneys, will likely attempt to persuade the judge regarding various factors and how they apply in the situation at hand.
Determining child custody status can be difficult if the parents cannot agree on what is in the child’s best interests. However, if the parents familiarize themselves with the factors that will be weighed to make an ultimate decision, they may be better prepared to make their arguments on what they think is best.
