California divorce attorneyChild custody is often an issue of paramount importance in Bay Area divorce proceedings. While each parent may already have secured stability in terms of career, health, and future plans, a child, especially if young, is still developing intellectually, physically, and emotionally. When parents divorce, the impact on these areas of a child’s development can have both short-term and long-term effects. For this, courts in California do not rely on a default framework with regard to child custody.

In other words, rather than automatically awarding custody of a child to the mother or father based on a single reason, the court considers what is in the best interests of the child. In this consideration, courts evaluate several primary factors related to the child’s wellbeing and environment. A skilled Los Gatos child custody attorney is well acquainted with these factors and how California courts weigh them.

Age, Health, Emotional Ties, and Parental Ability Are Among the Relevant Child Custody Factors in California

As stands to reason, a primary child custody factor in California and beyond is the age of the child. A general rule is that the further away a child is from the age of majority, the more dependent the child is upon parental support. This is common sense; a young child requires more care and supervision than a sixteen-year-old with a driver’s license and a part-time job.

Along with age, the health of the child is an important factor evaluated in a California child custody determination. If a child has a physical, intellectual, or other disability, such health-related information will be thoroughly considered by the court. Following the factors of age and health are the existence and extent of emotional ties between the child and one or both parents. Obviously, this factor is not as objective as the age of the child. As such, evidence must be offered and weighed to truly gauge the nature of emotional ties. Skilled in presenting such evidence is an experienced Saratoga child custody attorney.

What to Do to Protect Your Child Custody Rights in the State of California

Other factors under scrutiny in a California child custody determination are the ability of the parents to care and provide for the child, whether there is any history of substance or domestic abuse in the family and the child’s community-related ties. For a deeper understanding of California child custody and a discussion of your legal rights with regard to the custody of your child, please contact a skilled Los Gatos area family law attorney from Ventresca Law Firm at 408-395-8822. We service clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

 

Source:

http://www.courts.ca.gov/selfhelp-custody.htm