When California courts make child custody determinations, they base their decisions on the best interests of the children involved. As such, any of these best interest factors can affect how your child custody arrangements play out, but there are five primary factors that tend to play an integral role. Better understanding the court’s decision-making process can provide you with more insight into your own child custody case, and if you are facing a child custody concern, having an experienced Monterey child custody attorney in your corner is well advised.
The court takes the love and affection between each parent and each child into careful consideration. A strong bond between parent and child is paramount, and the court will consider how close each parent is to each child. If, for example, your children have lived almost exclusively with you and look to you for love, comfort, and guidance, the close emotional ties you have forged are likely to influence the court’s determination.
The court is naturally interested in assuring that the children in question will be adequately provided for and will consider each parent’s ability and inclination to provide for them. Such provisions include factors like the following:
Matters such as the provision of childcare at home factor into this calculation – the financial means of each parent are not the sole concern. Further, if a parent has significant financial means but fails to enhance his or her children’s lives in accordance with these means, the court is likely to take notice.
If your children have acclimated well to the home they are living in currently, to their schools, and to the community at large, the court will be more inclined to maintain the status quo. Divorce is hard on children, and providing them with ongoing stability is generally considered preferable.
The court’s stance is that it is in the best interest of children to develop and maintain strong relationships with both parents (barring a significant reason for determining otherwise). This means that the court values your ability and inclination to facilitate your children’s ongoing relationship with their other parent.
If your children are deemed old enough and mature enough to weigh in with their reasonable preferences regarding their own living situation, the court may take these preferences into consideration.
The compassionate Monterey child custody attorneys at Miranda, Magden & Miranda, LLP, take considerable pride in their strong track record of helping clients like you obtain child custody terms that support their parental rights, honor their preferences, and are in the best interests of their children. Your case is too important to leave to chance, so please do not hesitate to contact us for more information today.
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