So Who Gets the Kids in a child custody case?
In a dissolution of marriage/divorce, legal separation or domestic relations partnership often the main concern on each parties mind is who Gets the Kids?
Each side may try to convince the children to come live with him or her. You might even try to alienate the other parent from the children by openly discussing the reasons for the breakup or what you consider the other parties shortcomings. If you engage in this type of behavior you must be advised that the court will not look favorably on this behavior because it goes against the California Family Code which requires the Judge to determine custody based on California Family Code Section 3011, the Best Interest of the Child, 3020 that states it is the public policy of this state to assure that children have frequent and continuing contact with both parents, among other factors.In determining what is in the best interest of the parties’ children, the court will consider several factors such as:
a. The health, safety and welfare of the children; are you acting in a manner that promotes your children’s health, safety and welfare? Your children’s age will be considered as well.
b. Any history of abuse by one party or any other person seeking custody; are you the victim of domestic violence? Or have you perpetrated domestic violence against the other parent or the children?
c. The nature and amount of contact with both parents; have you been an active parent? Do you participate in back to school night, parent teacher conferences are you spending time with your children after separation? If you have been working to support the family and unable to actively participate, no worries there is still time for you to make time.
d. Any habitual or continual use of drugs or alcohol; If there is a substance abuse issue the court may order you to drug/alcohol test, to have monitored/supervised visits.
The court will encourage the parties to share the rights and responsibilities of raising their children. If you are looking for an attorney to assist you in obtaining a respectful divorce/legal separation, dissolution of a domestic relations partnership while keeping your children’s best interest at heart call Yanez & Associates today for a free consultation.