Wondering about what will happen to your child in the event that you and their other parent decide to split up? Whether married or unmarried, child custody is on every parent’s mind when it comes to being a single parent. Each state has their own laws regarding child custody, which will develop a blueprint for how a custody agreement is decided by the court.
How does the court decide to grant child custody?
California courts primarily consider what is in the best interests of the child when determining a custody arrangement. They will also consider which parent has the best potential for providing the type of care that child needs. This works in two different ways: determining the physical custody of the children and where they will reside and legal custody to determine important decisions regarding the child’s health, education, and general welfare.
To determine physical and legal custody, the court will look at:
- The child’s age
- The health of the child
- Emotional ties between the parent and child
- Ties to other family members, schools, home and the community
- Financial, physical, and emotional ability of the parent to care for the child
- History of violence or substance abuse with the parents
From these factors, the court will determine the best possible custody agreement for the child. If it is determined that being in the custody of either parent would not be good for the child, it is possible to place them in the care of a third party, such as the child’s grandparent, other relative, or close family friend.
When custody is determined, the court will issue a final order as to how, when, and where each parent is able of having physical custody of the child. If the child support order is not agreeable to the parents of the child, they are able to challenge the court decision and develop a plan that works best for their child.
Child support can be an emotionally fraught topic. The Law Office of Michael R. Young is here to help you through this difficult time. If you are seeking more information on California child custody or would like to know what our firm can do for you, give us a call at any time.