When settling child custody conflicts, courts determine what is in the best interest of the child. This is considered a child rights principle. Every case is different, but there are some universal factors every judge will take into account.
The Child’s Age
Although the idea that very young children must stay with their mother is out of fashion, some judges still lean toward this traditional view, particularly if the mother is currently the child’s primary caregiver, or if she’s nursing.
Children legally can’t choose where they live until they turn eighteen, but the wishes of older children are more likely to carry some weight in custody decisions.
The Living Situation
The court will consider where the child is living and how changes may affect them. For instance, how close both parents live to each other and the location of the child’s school is relevant information.
The Quality of Relationships
A judge will evaluate the relationship each parent has with their child, as well as how involved they are in providing daily care. For example, who takes the child to piano lessons and attends school functions? Additionally, a parent who purposefully interferes with the other parent’s relationship with the child will be viewed as not having the child’s best interests at heart.
And finally, if the child has strong bonds with other relatives, they may also come into play in child custody and visitation decisions.
Stability and Safety
The safety of children is the main concern of the court in child custody cases, so a judge will review any history of abuse or neglect. Similarly, if one parent has a record of addiction or criminal activity, that would be taken into account.
Children need consistency to thrive, so when the judge reviews all the factors, he or she will aim to preserve stability. Seriously uprooting the child’s life is something most judges try to avoid.
Child Custody Disputes
Child custody is a complex matter, even under the best of circumstances. If you’re involved in a dispute, we can help. Whipple, Mercado & Associates, LLP, advocates for clients with child custody issues. Contact our law office at (925) 344-5050 for a free initial consultation.