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#225528 - 09/23/09 02:01 PM What is, "In the childs best interest?"
jcniv69 Offline
Member

Registered: 09/21/09
Posts: 24
In California, what is considered the best interest of the child when s father is seeking 50-50 joint custody?

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#225553 - 09/24/09 03:47 AM Re: What is, "In the childs best interest?" [Re: jcniv69]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Well, that would vary depending on the case. Ideally, the courts would like to keep both parents involved - provided both parents are capable of providing a good home/environment for the child.

If a parent constantly travels, or is away on a military assignment, for instance, the courts might find that primary custody in the remaining parents hands would be "in the child's best interests".

Depending on which state one's child custody hearing is in, different criteria may be used by the courts to determine which situation is best. Some states adopted the UDMA (Uniform Definition of Marriage Act) to standardize the criteria used by the courts to prevent "forum shopping".

Some examples of criteria used might include:
- Both parents' wishes
- Child wishes (starting at age 12 to age 17)
- Existing orders, amount of time with current parent
- The child's adjustment to relocation - new community
- Access to special schools for those handicapped/spec needs
- Ability to access siblings
- Physical, mental and financial well being of the parents
- For Native Americans, access to tribal activities
- Access to other relatives that have a bond/raised the child.
- Which parent will better facilitate the child's relationship with the other parent.
- Child's special needs (for example, breastfeeding infants.)

Whatever the criteria may be - they tend to vary a little from state to state, and ultimate power is usually placed in the hands of the courts, so as to be able to handle special cases.
_________________________
Disclaimer:Not actual legal advice!

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#225772 - 09/28/09 04:58 PM Re: What is, "In the childs best interest?" [Re: Tali_Llama]
nnn3 Offline
Member

Registered: 09/28/09
Posts: 24
This is a great website for your questions and other things like filing court papers. Scroll down to the question that is like your's.
http://www.courtinfo.ca.gov/selfhelp/family/custody/basics.htm#bestinterest

This is the CA Family Code Section 3011 that explains it.
http://law.onecle.com/california/family/3011.html

California Family Code Section 3040 states,the court is more likely to grant custody to the parent who offers more frequent and contuing contact to the non-custodial parent.
http://www.childcustodycoach.com/california/

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