Child Custody & Visitation Determination
Child Custody & Visitation Attorneys in the Inland Empire
Anytime a parent, attorney, or court deals with a disputed child custody and visitation matter it is an extremely sensitive and fact intensive. So where does anyone begin the analysis? Although the term “best interest” is thrown around many times by the court, mediators, and attorneys, what does it actually mean?
A child or children’s best interest is what the court basis any orders on, no matter if it is a temporary or permanent order. California Family Code section 3020 helps guide the court and parties on what are the primary concerns are to consider, as stated below:
A child or children’s best interest is what the court basis any orders on, no matter if it is a temporary or permanent order. California Family Code section 3020 helps guide the court and parties on what are the primary concerns are to consider, as stated below:
“(a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure 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 where the contact would not be in the best interest of the child, as provided in Section 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.”
The code states that the court’s primary and initial concerns, above all others, are a child or children’s health, safety and welfare. In making any argument or fact presentation to the court, these three concerns should map out the discussion. A gentle reminder to the court every now and then about this primary concern may be helpful as a guiding principle to start any declaration, memorandum or during oral argument.
(b) The Legislature finds and declares that it is the public policy of this state to assure 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 where the contact would not be in the best interest of the child, as provided in Section 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.”
The code states that the court’s primary and initial concerns, above all others, are a child or children’s health, safety and welfare. In making any argument or fact presentation to the court, these three concerns should map out the discussion. A gentle reminder to the court every now and then about this primary concern may be helpful as a guiding principle to start any declaration, memorandum or during oral argument.
Call Now to Schedule a Free Consultation with an Experienced Custody & Visitation Attorney
If you are considering or in the process of a divorce, it's critically important that you call the Law Offices of Taylor B. Warner now at 909-466-5575 to schedule a free, no obligation consultation regarding your child custody matter. We help clients throughout San Bernardino & Riverside Counties facing divorce and can provide you with all of the facts & information and discuss your options and potential strategy based on your circumstances and unique situation.