The Child’s Best Interests in Custody Cases
All states use a “best interest of the child” criterion in most and certainly in all problematic custody cases. This is a somewhat vague requirement and one that offers on its own concept to a judges’ introspective opinions about what’s best for children. There are a number of matters, however, that you can anticipate a judge to take into consideration.
In the frame of reference of child custody cases, working on the child’s “best interests” means that all custody and visitation debates and conclusions are made with the paramount objective of promoting and encouraging the child’s happiness, security, mental health, and emotional advancement into young adulthood.
Commonly speaking, it’s frequently in the child’s best interests to protect a close and nurturing relationship with each of the parents, but the functionalities of ensuring and sustaining such relationships may possibly be the primary obstacle in working through a child custody conflict.
In any custodianship dispute, it’s critical that you never forget the significance of deciding in the best interests of your children. The decisions you come to now (or the judgments a court establishes for you) will impact your child’s development, because well given that your bond with them, in a variety of important ways for years to come.
Things a California Family Court Judge May Consider First
Each Parent Or Guardian’s Readiness To Promote The Other’s Loving Relationship With The Children
The judge will look into your record of participating– or not– with your spouse regarding your parenting plan. The judge may also like to know things like whether or not you bad-mouth your husband or wife in front of the children or disrupt visitation in any way. The more collaborative parent is going to have an edge in a custody conflict– and a parent who’s apparently attempting to estrange a child from the other parent will find out the hard way that courts do not look kindly on that particular sort of hindrance.
Each Parent’s Relationship With The Children Prior To The Breakup
In some cases occurs that parents who haven’t been actually very much engaged with their youngsters’ daily lives all of a sudden establish a powerful urge to invest more time with the kids as soon as the marital relationship has ceased. Oftentimes, this urge is genuine, and a judge will value it, particularly if the parent has been committed to parenting during the course of the separation period of time. However, the judge will definitely take some time to assess a parent’s change of mind and make sure that the custody request isn’t being made fundamentally to triumph over the other parent.
Of course, there are many more things a Family Court Judge will have to consider. You can find out more Judicial Considerations for Family in our Recommended Reading section of this site. Keep in mind a judge will always consider what is in the child/children’s best interest.
Now you may want to take a look at how Supervised Visits Work Within State Guidelines in California >>