What You Need to Know About “Child’s Best Interests” in California Courts
In child custody disputes, the court has a responsibility to make custody decisions with the child’s best interests at the forefront. Here’s what you need to know about what a “child’s best interests” mean in California courts.
A “child’s best interests” in California law are shaped by a variety of factors, including the health, safety, and welfare of the child. These factors must be taken into consideration by the courts in every child custody case it sees. A child’s best interests may differ from child to child, but each child’s best interests will be taken into account.
What is Meant by the “Child’s Best Interests” in California?
A child’s “best interests” are most clearly defined in California Family Code Section 3020, where the law states that the “health, safety and welfare of children shall be the court’s primary concern in determining the best interests of children” when determining custody rights.
Section 3020 also states that children have the right to be “free and safe from abuse.” Living in a household where child abuse or domestic abuse is taking place is harmful to the child’s “health, safety, and welfare,” and therefore, would not be in the child’s best interests.
The court’s policy is also to ensure that the child has regular contact with both of their parents after the parents’ separation, except in situations where doing so would not be in the child’s best interests.
California Family Code Section 3040: Matters To Be Considered in Granting Custody explicitly states factors to take into consideration when granting custody, according to “the best interest of the child.” In other words, before any factors are listed, the court has established its main priority lies in the best interests of the child. The court must and will consider this when determining custody rights for the child.
What Are Factors Considered When Determining Custody Rights?
As the court decides custody based on the child’s best interests, the court will consider a number of factors related to the custody-seeking parent. These factors include a history of drug or alcohol abuse, or abuse against any of the following:
- A child, whose custody is being sought, that is related to the person seeking custody biologically or by association, or who has been cared for by the person seeking custody for any length of time
- The other parent
- A parent, current spouse, or significant other
How Do the Best Interests of a Child Affect A Custody Dispute?
Because the best interests of a child are the court’s top priority in determining who gains custody in a child custody dispute, the court is responsible for making decisions that align with what’s best for the child’s health, safety, and welfare.
This can affect court decisions on things like communication with both parents and child custody proceedings. Throughout the California Family Code, the “best interest” phrase appears in a number of situations, with the court defaulting to the child’s best interest as a way of solving the situations.
Therefore, what constitutes the best interests of a child can differ based on each case’s situation.
FAQs About the Best Interests of a Child in California Courts
Who decides my child’s best interests?
The court makes custody decisions for your child based on its interpretation of your child’s best interests, based on their health, safety, and welfare.
Does my sex, gender identity, gender expression, or sexual orientation affect how the court considers my child’s best interest?
No. California Family Code Section 3020 explicitly states that sex, gender identity, gender expression, and sexual orientation are not considered in the court’s determination of the child’s best interest.
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If you or a loved one have any more questions about what constitutes the best interests of a child in California courts, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!