Child custody orders are made on a case by case basis. In making child custody orders, the court must determine the best interest of a child. When facing child custody issues, it is important to have an Orange County child custody attorney who understands the “best interest of the child” standard and is supportive of your goal of obtaining custody.
Aspects to be considered by the Court for the best interest standard can be found in various parts of the California Family Code. However, California case law also provides the Court with a general definition of the best interest standard.
Under California Family Code Section 3011, some of the main elements of the best interest standard the Court is to consider are the health, safety and welfare of the child. However, the Court is not limited to those three elements. The Court takes into account other considerations when using the “best interest of the child’ standard. Some of these considerations include: religious training of the child, absence of a parent from the child’s residence, domestic violence, the child’s preference and substance abuse by a parent.
For example, when considering a parent’s substance abuse, the court will look into the nature, frequency and severity of such substance abuse. The Court must consider the habitual or continual illegal use of controlled substances. Additionally, the Court may require corroboration, including but not limited to, written reports from law enforcement agencies, courts, probation departments.
It is important to have an experienced child custody attorney on your side. Wallin & Klarich has experienced Orange County child custody attorneys who can help you. Call toll free at 888-749-7428 to speak with an attorney today.
Email Us