Protecting What Matters: 9 Key Factors for How California Courts Define the Best Interests of a Child

For co-parents sharing legal or physical custody of their children in California, family courts prioritize the best interests of each individual child when making custody decisions. Even when you and your co-parent agree on a custody arrangement, a California family court must review your custody agreement to ensure that your child’s best interests are protected.

What Does “Best Interests of the Child” Mean in California?

The “best interests of the child” is a fundamental guiding principle under California family law when making custody and visitation decisions. This standard puts first the health, safety, and welfare of each individual child – and encourages “frequent and continuing contact” between the child and each parent, unless doing so would not be in the child’s best interest. Understanding what this means in practice is critical for parents navigating custody disputes.

In California, family courts consider a variety of factors to determine what arrangement best serves the child’s overall well-being. The goal of California’s family law system is to ensure that each child’s physical, emotional, and psychological needs are met in order to promote stability and continuity in their lives. This holistic approach means that no single factor is determinative. Instead, courts examine the totality of the child’s life circumstances.

In addition, courts consider whether you are also making decisions that prioritize the best interests of your child. Sometimes, this means working together or collaborating with your co-parent, even if you’d prefer not to. In cases that don’t involve domestic violence, abuse, or dangerous situations, California courts believe that encouraging a strong relationship with both parents is in a child’s best interests.

For a successful and smooth resolution of your child’s custody arrangement, it’s absolutely vital that you have competent and skilled legal representation. When you work with an attorney who has experience and knowledge in this area of law, you can advocate effectively for your child’s best interests in a way that courts are more likely to accept.

Key Factors for Courts Determining a Child’s Best Interests

Understanding these key factors can help parents prepare for custody evaluations and present a strong case that prioritizes their child’s best interests as required by California courts.

1. Parental Health and Stability

• Mental and Physical Health of Parents – Are the parents capable of providing a safe and supportive environment that meets all of the needs of their child? Courts will examine living arrangements to make sure they’re suitable for raising a child.
• Parental Stability – Do the parents have steady housing? Can each parent maintain a consistent routine for their child, including regular attendance at school and extracurricular activities, in order to help foster the child’s sense of security?

2. Safety and Welfare

• • History of Abuse, Neglect, or Domestic Violence – Any evidence of abuse, neglect, or domestic violence is heavily weighed. Protecting the child from harm is paramount. California family courts take allegations of domestic violence seriously, and evidence of such behavior can significantly influence custody arrangements.
  • Substance Abuse – Courts consider any history of substance abuse by either parent and how it has impacted or may impact a child’s well-being. Patterns of irresponsible or erratic behavior will be closely examined and judged harshly.

• Criminal Activity – Any past criminal behavior and its potential risks to the child, or any evidence of parents associating with others involved in criminal activity is scrutinized. Courts may examine various forms of proof such as police reports, restraining orders, medical records, and witness testimonies to substantiate any allegations.

3. Continuity and Living Stability

• Living Arrangements – Maintaining consistent living arrangements and minimizing the disruptions of a child’s home life are extremely important. For example, even if a child wishes to live with a parent who is unable to provide this stable environment, the court may overrule their preferences to prioritize their stability and safety instead.
• School and Community – A child’s current school and community ties are considered in order to provide a sense of continuity in their education and social life.

4. Child’s Wishes

• Age and Maturity – If a child is of sufficient age and has enough maturity to express a “reasoned choice,” their preferences may be considered in custody arrangements. Typically, this consideration becomes more significant as the child gets older, often starting around the age of 14, but the child’s maturity also plays a big role.
• Alignment With Best Interests – Even with a child’s preferences, courts will evaluate whether those wishes align with their best interests and are free from undue influence. The judge will take into account the reasons behind the child’s preferences and whether these choices are expressed freely and reflect their genuine feelings.

5. Parental Cooperation

• Co-Parenting Ability – The capability and willingness of each parent to facilitate a healthy and ongoing relationship between their child and their co-parent is important.
• Communication – Effective communication and cooperation between parents are vital, so a co-parent who refuses to come to the table in good faith could be penalized. It’s also important that the court sees an effort from both parents to create a supportive environment where their child can express their true feelings without undue influence.

6. Child’s Mental and Physical Health

• Child’s Health Needs – How do the parents meet the physical and mental health needs of their child? Are they located where their child can receive the support they need?
• Special Needs – Does the child have any special needs that must be considered, and do the parents have the ability to address these conditions?

7. Sibling and Family Relationships

• Sibling Bonds – It’s important for California courts that children maintain strong relationships with siblings and extended family members.
• Family Dynamics – What’s the overall family dynamic and its impact on the child? Does either parent have other relatives nearby who support and help care for the child?

8. Guardianship and Caregiving

• Guardian Ad Litem – In some cases, a court-appointed guardian may represent the child’s interests and provide an additional third-party perspective for the court.
• Caregiving History – What is the history of caregiving by each parent, including the amount and quality of time spent with their child and their involvement in their daily care, educational development, and emotional support?

9. Educational Considerations

• Educational Needs – Does the child have any particular educational needs, and how does each parent stay involved and supportive in their child’s academic life?
• School Stability – Courts consider school continuity to be an important factor and often prefer not to remove a child from a familiar environment if possible.

An experienced attorney can guide you through the parental evaluation process with the expertise, sensitivity, and compassion necessary to achieve a favorable outcome.

How California Judges Weigh Parental Stability and Conduct

Parental stability is one of the most important factors in custody decisions, as California courts aim to provide a secure and consistent environment for children.

“Stability” encompasses various aspects of a parent’s life, including their employment, housing, mental and physical health, personal responsibility, and overall ability to provide a steady home environment free from negative and dangerous influences.

When determining who gets legal and physical custody, California judges will review past behavior and conduct of parents in order to determine their suitability as a primary caregiver. Negative conduct, such as substance abuse, criminal activity, or irresponsible behavior can significantly impact custody decisions. Any conduct that jeopardizes a child’s safety and well-being can lead to limitations on custody or visitation rights.

The Role of Evidence and Testimonies

Courts will consider the following types of proof as vital to establishing parental conduct:

• Familiar Witnesses – Testimonies from friends, family members, teachers, coaches, and others who can speak to the parent’s behavior and involvement in the child’s life.
• Documentation – Housing leases, medical records, and other documentation can all support claims or stability and responsible conduct.
• Professional Evaluations – In some cases, California courts may order psychological evaluations or home studies by professionals in order to gain a deeper understanding of each parent’s situation and relationship to their child.

Knowing that you can provide a stable and supportive environment for your child is different than convincing a family court judge. For the latter, you need skilled legal representation to present compelling evidence and arguments that highlight your parental abilities.

At Moradi Saslaw, our experienced and knowledgeable California family law attorneys are dedicated to protecting your parental rights and advocating for the best interests of your child throughout the custody process. Contact us now to start building your case.