How the Best Interests of the Child Are Determined

When creating a parenting plan in California, the best interests of the child are first and foremost. Although every parent wants what is best for their child, it can sometimes be difficult for parents to reach an agreement concerning child custody and parenting time when emotions are running high. In the event parents cannot settle these matters between themselves, a court would consider a number of factors outlined by statute to determine what arrangement is in the “best interests of the child.”

Key Takeaways

• The best interests of the child is the standard used by courts to determine child custody matters.
• Courts apply a number of statutory factors to determine the child’s best interests.
• A child’s preferences regarding custody may be considered if they are of sufficient age.
• Parents can determine custody and parenting time arrangements for themselves out of court using a form of alternative dispute resolution.

What is the Best Interests of the Child Standard?

The “best interests of the child” is the standard courts apply when determining child custody matters. This legal principle ensures that a child’s health, safety, and welfare are prioritized over parental preference. Specifically, these factors are outlined by statute. They allow a judge to make a detailed assessment about the child’s emotional, psychological, and physical well-being when making decisions about parenting time arrangements.

Notably, courts presume that it is in a child’s best interests to have frequent and continuing contact with both parents and favor joint custody whenever possible. But the child’s welfare, health, and safety must be protected above all else, and a parent must be fit to care for the child. If there is a history of abuse, or a parent is unable to provide the child with a safe or stable environment, a court may determine that a joint custody arrangement is not appropriate. If there are concerns about the child’s well-being when they are in the presence of the other parent, supervised visitation (or in extreme cases, no visitation) may be ordered.

How Do Courts Determine the Best Interests of the Child?

If you and your co-parent cannot agree on a parenting time arrangement, a court would consider a variety of statutory factors to determine what type of parenting plan is in your child’s best interests. Specifically, the factors a judge would evaluate when determining the best interests of the child include the following:

• The child’s age and health: While younger children have different needs than older children when it comes to stability and routine, a court would look at the child’s age when deciding their best interests. In addition, a court would consider a child’s health needs and whether one parent is in a better position to provide for their care.
• The emotional ties between the parents and the child: A court would evaluate the strength of the bond between the child and their parents.
• The child’s ties to their home, school, and community: Courts strive to maintain continuity for a child and would consider how well they are thriving in their home, school, and community. Ultimately, the goal is to avoid disrupting the child’s routine as much as possible.
• Any history of family violence: A court would assess whether there is a history of abuse against the child, the other parent, a current spouse, cohabitant, or someone the parent has a dating relationship with.
• Ongoing substance abuse issues by either parent: A judge would consider whether a parent continuously and habitually uses alcohol or controlled substances. The court may require written reports from the police, courts, the probation department, social welfare agencies, medical facilities, rehabilitation facilities, and other public agencies.

Courts do not favor either the mother or the father when deciding custody matters. By law, courts are not permitted to consider certain factors when determining the best interests of the child, including a parent’s sex, gender identity, sexual orientation, or gender expression.

The Child’s Preferences

California Family Code Section 3042 requires courts to consider the wishes of the child when making custody decisions if the child is of sufficient age and capacity to form an intelligent preference. A child 14 or older who wishes to address the court is permitted to do so, unless the court determines that this would not be in the child’s best interests. Nothing in the statute prohibits a child younger than 14 from addressing the court if a judge deems it appropriate. Typically, a child would not address the court in the presence of their parents unless the court finds that it would be in the child’s best interests.

Does a Court Always Need to Decide What is in the Best Interests of Your Child?

Courts don’t always have to decide your custody arrangement and what is in the best interests of your child. Since you and your co-parent know your child best, a judge would encourage you to find solutions to custody matters outside the courtroom. Mediation and the collaborative divorce process are two alternatives to litigation that can help you and your co-parent identify your child’s needs and reach a parenting plan that works for the whole family.

Mediation uses a neutral third party who can help facilitate healthy communication between you and your co-parent as they guide you toward a resolution. While the mediator does not make decisions in the case, mediation can provide a safe environment where you can discuss your concerns. Once a settlement is reached, a parenting time agreement can be drafted and submitted to the court to become a legally binding order.

Similarly, the collaborative process is a low-conflict method that can be used to resolve custody disputes outside the courtroom. It uses a team of professionals who are assembled by you and your co-parent to help you make informed decisions. In cases where child custody is in dispute, a collaborative team may include a child custody specialist, a mental health professional, a child psychologist, a psychiatrist, or a social worker to assist with finding co-parenting solutions.

Contact an Experienced California Child Custody Attorney

If you are facing a child custody dispute, it’s essential to have knowledgeable legal counsel who can protect your rights and ensure the best interests of your child are met. At ADZ Law LLP, our attorneys offer diligent representation to clients for a wide range of family law matters, including those involving child custody. Providing legal services and assistance in the San Francisco Bay Area, San Mateo County, and the surrounding region of California, we invite you to contact us to schedule a confidential consultation to learn how we can help.