What issues will a San Diego Family Court consider when deciding child custody matters during or after a divorce or between parents who are unmarried? Does the Court consider the wishes of the child?
The primary legal “guiding star” for California Family Law is “the best interests of the child.” The primary question in any child support related matter or issue will always be “what is in the best interests of this child?” There are a host of factors which are weighed by the Court as a Judge considers any child custody case.
The first consideration is often the parents themselves. The Judge is constantly and closely monitoring all actions and communications of each parent and how they comport themselves in and out of the Courtroom. Is each parent separately capable and committed to providing for the needs of their child(ren)? Is there an issue with either or both parents such as alcohol or drug abuse, domestic violence or other destructive behavior which would impact their ability to parent the child?
What other issues will a San Diego Family Court consider when deciding child custody matters? The Court is always watching for signs of parental alienation – when one parent attempts to poison the relationship between a child and the other parent. The Court will consider the “Status Quo” which reflects the schedule and lifestyle of the child before the matter reached the Court’s attention. This involves everything from the school they attend to the child’s religious practices, extra-curricular activities and their relationships with extended family members and even friends.
The Court will usually consider the input and wishes of a child based upon their age and level of maturity.
California family Courts have broad discretion when it comes to questions of child custody. What issues will a San Diego Family Court consider when deciding child custody cases? Literally, everything which involves, protects and preserves the best interests of the child(ren).