In the state of California, many factors can be considered when the courts are determining who should be awarded custody of a child in a contested child custody case. The court’s goal is to protect the child and define what is in the best interest of the child. Under California Family Code Section 3011, in making a determination of the best interest of the child, the court shall consider all of the following:

a) The health, safety, and welfare of the child
b) Any history of abuse by one parent or any other person seeking custody
c) The nature and amount of contact with both parents
d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent

The court shall also consider any other factor that the court deems relevant. Every factor must be based on the question, “What is in the best interest of the child?” Anything that revolves around anything other than that question will not be considered. It is easy to forget that the child’s interest is at issue when two adversarial parties are in a heated case.

There are more factors that the courts can determine are relevant in addition to those listed above. If you or a loved one is currently involved in a child custody case where any of the above factors may play a role in determining the outcome of your case, it is vital to contact an experienced San Diego Family Law attorney as soon as possible. A skilled and knowledgeable California Family Law attorney can review and investigate the facts of your case and determine the best legal options to ensure a positive outcome to your case. At Wallin and Klarich, we can provide you with a San Diego Family Law attorney who will be by your side and help you through your child custody case.