by Yasaman Sharif || 22 May 2020 ||

This is the second in a series of posts relating to Child Custody and Visitation.  In our last post we explored what goes into a court’s orders on custody and visitation.  In this post we will explore what the term “best interest” or  “best interest of the child” means in these sorts of decisions.  Of course, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions.

Overview

A parent who seeks legal custody or physical custody and/or visitation orders in California must file a request for order (“RFO”) with the court. During the initial custody and visitation hearing, the court considers the “best interest” of the minor child. The factors that the court considers in making its decision are:

1. The health, safety, and welfare of the minor child;
2. Any history of abuse by one parent against the minor child or against the other parent;
3. The nature and amount of the minor child’s contact with both parents;
4. The parent who is more likely to allow the minor child frequent and continuing contact with the other parent.

Best Interest: Health, Safety, and Welfare of the Child

It is the public policy of the state of California to ensure that the health, safety, and welfare of the minor child.  This is the court’s primary concern in ruling on an order regarding the custody or visitation of the minor child. It is also public policy of California to ensure that a minor child continues to have frequent and continuing contact with both parents after they have ended their relationship or divorced.  The Court will also encourage both parents to continue sharing the rights and responsibilities of the minor child. This means that unlike what some parents may expect, the Court looks at all the circumstances bearing on the best interest of the minor child, and not those concerning the interests of the parents.

When the Standard is Applied

The best interest analysis applies whether you as a parent seek legal custody or physical custody of your child, or you simply seek a visitation plan that would allow you to spend some quality time with your child. After the Court makes its decision, however, the Court will use a different standard when a parent wants to modify the order.  In those situations, the standard is known as “a substantial change of circumstances.”   This term will be discussed in a later posting.

More Questions?

In future posts, I’ll provide some more details on these and other areas of child custody and visitation. If you have questions beforehand though, please check out the rest of our blog for more information. The content of this blog is provided for informational purposes only, and we are not offering any legal opinions. If you wish to consult with Sharif | Faust, please contact us to set up a consultation. This blog does not create an attorney-client relationship with Sharif | Faust. To retain Sharif | Faust, you must sign a written attorney-client agreement. Remember, the results in any case depend upon the specific facts in that case. It is important that you consult with a lawyer you trust. By reading this blog, you agree to our Terms of Use.