Divorce that have children involved are the most difficult. During divorce proceedings, judges and courts always look to do what is best for the child and look at a number of factors to determine just what is best for the child.
But what exactly do courts and judges in California look for? Here’s a list that breaks it down nicely:
- The child’s age
- The health (physical and mental) of the parents
- If parents have any problems, such as substance abuse problems
- If there was any sign of abuse in the marriage toward the spouse or the child
- Which parents took care of the child the most in everyday life — who took them to school, who got them ready for the day, who made their meals, etc
- If a parent has any criminal history
- All of the different opportunities the child will have with each parent, like education access
- Which parents can provide the child with a very strong support system, including family friends and extended family
While these are all important aspects to remember, the courts in California also take in consideration which parent the child would like to be in custody of. However, courts normally only ask this when the child is at least 14 years old. The child’s own wants will be taken into consideration.
It is also important to note that divorce courts will also determine who will have both physical custody of the child and legal custody of the child. Physical custody determines where the child will stay and live, while legal custody determines which parents have a legal input into the raising of the child.
In some cases, parents can be deemed unfit to have custody of their child, or children. When this happens, and this can happen for a variety of serious reasons, the courts try to put the child in the care of extended family members. If this cannot happen, the courts attempt to put the child into a family care that most resembles their own.
Divorcing with children involved is incredibly stressful and difficult for the parents and the children alike. To make this easier, we recommend seeking out advice from attorneys into what, exactly, they can do to make the whole process easier.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | [email protected]