Factors the Court Considers When Determining Child Custody – California Family Code Section 3011, 3040 – 3049
Under California Family Code Section 3040, the standard a California family court will use to determine child custody is the overall best interest of the child with an emphasis on assuring the “health, safety, and welfare” of the child. In addition, courts in California favor “frequent and continuing contact” with both parents.
In determining child custody family courts in California will use California Family Code Section 3011 as a guideline as to what factors the court will consider in determining child custody.
Child Custody Factors You Need To Know 888-749-7428
These include:
- The health, safety, and welfare of your child;
- The age of your child. Under Cal. Fam. Code § 3042, if your child is of sufficient age and capacity to reason, the court would consider the wishes of your child. Under § 3042(c), if your child is 14 years of age and wishes to testify, the court will allow your child to do so;
- Any history of abuse against your child, you, or the other parent by you, the other parent, or any other person seeking custody;
- The nature and amount of contact your child has with you or the other parent;
- The habitual or continual illegal use of a controlled substance or alcohol by you or the other parent. In these situations, there must be independent corroboration about the substance abuse that is documented either by a law enforcement agency, a court, rehabilitation facilities, medical facilities, social welfare agencies, etc.;
- Other factors that may affect your or the other parent’s ability to care for your child;
- In certain situations, courts will consider the wishes of your child so long as your child is of sufficient age and can form an intelligent preference (Cal. Fam. Code. Section 3042).
If it is found that giving custody to you or the other parent would harm your child, the court could grant custody to a third party (Cal. Fam. Code § 3040). This is called a “guardianship,” where the person with custody of your child is neither you nor the other parent. Courts sometimes prefer guardianships even if you or the other parent requests child custody because it is in the best interest of your child to be with a guardian and because you or the other parent cannot care for your child. In a guardianship, the court may grant visitation to the parents.
We Will Be There When You Call
Wallin & Klarich has handled child custody cases for more than 30 years. We understand that this legal process can be difficult and stressful for our clients. Because of this, we are committed to providing timely, informative legal advice to our clients. When you place your trust in a Wallin & Klarich child custody attorney, you can rely on our promise that we will fight hard to get the best possible result in your case. With offices located throughout the Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties, we are able to be there for you wherever you happen to live.
To speak with an experienced child custody attorney about your case, please call us at 888-749-7428. We will be there when you call.
