Child custody hearing can be one of the most emotionally draining hearings in the Family Law court. Decisions regarding custody are decided based on Family Codes 3011, 3020 – 3044. These codes help the court guide through the emotional turmoil.
Under Family Code 3020 (a), “The Legislature finds and declares that it is the public policy of this state to ensure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interests of children when making any orders regarding the physical or legal custody or visitation of children.”
The concept of best interest of the child can mean several factors. The court will always protect the children as best as it sees fit.
Keep in mind that the court will also focus on children having relationships with both parents when able. Under Family Code 3020(b), “The Legislature finds and declares that it is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except when the contact would not be in the best interests of the child, as provided in subdivisions (a) and (c) of this section and Section 3011 .”
More specific factors for the decision for custody are laid out in Family Code 3040. Parents must provide a safe, nurturing, wholesome, and stable environment.
Child Custody hearing are never easy and having an experience attorney walk you through the rigorous struggle of a child custody hearing. Contact Long & Vernon LLP today for a free case evaluation at 619-485-2900