What Factors Does The Court Consider In Determining Child Custody?

The only thing the Court must consider when making orders for custody and visitation is the best interest of the child. This means an endless plethora of factors to consider. For example, the court will consider parenting history since the parties separated, they will look at who was the primary caretaker throughout their lives, they will look at age, and proximity of whether the parent lives and the child’s school. The factors the court will look at are endless. They can look at harm, or abandonment, neglect, substance abuse, or issues of domestic violence. It will be up to the parties to discuss a parenting plan that is in the best interest of the child or present a case to the Court that demonstrates factors that make the parenting plan they are requesting in the best interest of the child.

When Can A Child Decide Who He Or She Will Live With?

This is a gray area. There is no hard and fast rule as to what age a child can decide who they can live with. As a child gets closer to 18, the Court will not generally impose custody and visitation orders upon them. At the age of 14, a child can speak to the court about their wishes. However, it is not a black and white situation. If a child (who is over the age of 14) wants to speak to the Court, the Court must first make a determination as to whether it would be in the best interest of the child to speak to the Court. Even then, the court would determine whether they would speak to the child in chambers, in a closed courtroom, or informally. This would be up to each specific Judge. There are, however, alternate and indirect methods for a child to voice their concerns to the court. This could be through a therapist, an evaluator, or a child custody investigation.

Who Pays Child Support? How Is That Amount Determined?

Child support is determined by a formula. This formula only takes into account the income of each party and the amount of time each parent has the child in their custodial care. Income is not always straightforward. For example, if a party is self-employed, it may be more difficult to ascertain what their actual pay is. Another example is when a person is living rent-free. The rent may be attributed to that person.

Like spousal support, the court will also consider whether a party has the ability to work and has chosen not to, or if a person has deliberately reduced their income.

For more information on Determining Child Custody In A CA Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 651-6118 today.