How Child Custody Law Works In California
When couples decide to get divorced, the possession of the child (or children) is one of the most important and hotly contested matters. This is testament to the importance of children in one’s family.
The intention at the core of California child custody law has always been and continues to be the safeguarding of the best interest of the child. As mentioned in the introduction, the importance of a child cannot be forgotten, and that is exactly why the laws with regards to child custody set out to protect them and safeguard their rights. This aim to protect the child is once again at the core of the decision making by the judge in such cases. Primarily, the decision of the judge depends on the thing that is best for the child principle.
What Do the Courts Consider When Deciding Orange County Child Custody Cases?
- The preference of the child considering they are of the age 14 or above
- The gender, the stage of development the child is currently at, and the age of the child.
- The needs of the child in terms of the educational, emotional and social aspects.
- The traits of the parents, especially with regards to drug, sexual, child, emotional or alcohol abuse.
- The psychological state of each parent and their ability for parenting
- The cooperation and communication levels that exist between the parents.
- The type of the relationship that exists between the parent and the child
- Cultural considerations
How will the Temporary Orders be Decided?
There are three primary ways that an Orange County family law Judge can adopt to reach their temporary orders.
1. Simply Agreeing On The Agreement Reached By The Parents
This is the most used way of deciding temporary orders. Both the child’s parents may have already come to an agreement before the court proceeding and drawn up an agreement. In such a case, the judge is likely to only endorse the agreement and make it legal. Resolving child custody in divorce mediation or child custody mediation is often the best method compared to the cost, stress, and uncertainty of litigation.
2. By Investigation
In some rare cases where the court wants to have further investigation done in matters related to the case, they are likely to ask the minor’s counsel and a private child custody evaluator, often referred to as a “730 Evaluation” to obtain up more information before the Judge makes the decision.
3. By Formal Hearing
This is the common court route. The court is likely to hear out both the spouses and their counsel. It will also take into consideration each and every detail and evidence that they provide and it deemed relevant for the case before making a decision.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”