Child custody is one of the most emotionally charged legal matters in the Golden State. When a child’s parents separate or divorce, finding a suitable living agreement becomes the top concern for the courts. There are several factors considered in child custody decisions. Let’s take an in-depth look at these aspects of a custody case.
Financial Support for the Child
When assessing the ability to provide for the child, courts consider several factors. One of the biggest considerations involves financial support. Children need to have their needs met, and that will require a stable income from the parent.
Keep in mind that employment is not the sole factor, though. In some cases, a stay-at-home parent’s potential to earn income in the future may be considered. Even the payment of spousal or child support to a non-working parent can also impact custody decisions. Those are all deemed sources of income that can be used to support the child.
Stable Home Environment
However, money is not the only factor. The parent also needs to provide a safe and clean home environment for their child. For example, if the parent is homeless, that could affect the court’s decision. A suitable living space means the child can develop in a safe and loving home.
A healthy home environment is not just about the physical structure, it also means creating a harmonious space for the child. While both parents may live separate lives, the courts still encourage both parties to work together to develop a healthy relationship with each child. Any animosity can create a damaging and stressful environment for the child. The courts want to know that both parents have an open line of communication and are willing to work out any issues that may arise.
Consistency and routines are also important for a child’s well-being. Judges consider how well parents maintain routines, such as school schedules, meal times, and bedtime. Stability and consistency are vital in a child’s emotional development. Once again, these factors can help to create a nurturing environment for the child.
History of Domestic Violence or Allegations of Abuse
When there are allegations of abuse, courts take these very seriously. In the case of custody, that will have a major impact on the court’s decisions. If there are any allegations of abuse, the courts will conduct a thorough investigation to make sure the child is safe.
Protecting the child’s well-being is a top priority for the courts. When there is any history of domestic violence or documented abuse, that parent may lose custody. In some cases, these individuals can only see their children through supervised visits to the state.
Mental and Physical Health
The courts consider the history of substance abuse by either parent. Substance abuse can impair a parent’s judgment, behavior, and ability to provide proper care. The judge will look at the person’s current situation. For example, a parent who has sought treatment, attended counseling, or demonstrated recovery efforts might receive more favorable consideration.
Sometimes, there may be mental health concerns. Judges will consider whether a parent’s mental health affects their ability to care for the child. Their stability, medication compliance, and therapy attendance matter in these decisions.
Even physical health is another factor in these decisions. If the parent has physical health issues, chronic illnesses, disabilities, and limitations, that could lead to an unfavorable decision on their behalf.
Get the Assistance You Need for Your Child Custody Case
There are many factors considered in child custody decisions. While these factors guide judges, each case is unique. Parents should seek legal advice and approach custody proceedings, focusing on their child’s well-being.
If you need the assistance of an experienced family law attorney, contact the Roberts & Zatlin Family Law Firm. For over 35 years, we have provided thorough family law services throughout California.
Our office in Temecula extends its services to Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, Inland Valley, and all other parts of the state. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.
