There are many aspects of Custody and we can help you with all of them to ensure the divorce process is a smooth
one for you and the custody of your children or pets is handled correctly.
Here are some explanations of the factors of child custody from http://legal-aid.com
The Child’s Choice
California Family Code Section 3042 puts heavy emphasis on the child’s wishes. Every child has a voice, and one who has attained sufficient age and capacity to express a preference for a custody arrangement may make their preference known to the court. This doesn’t mean that the court will comply, but it does ensure that the child’s preference will be taken under advisement. An increasing number of judges are taking the children’s input seriously.
A parent with a history of abuse or domestic violence charges is unlikely to be able to obtain physical custody. California custody laws are geared toward the best interests of the child, and allowing the child to live with an abusive parent runs counter to that goal.
A parent who is combative, uncommunicative and resistant about co-parenting is also unlikely to find favor with the court. Custody laws in California heavily favor the idea of co-parenting, and even states that a parent who is unwilling to communicate and co-parent may not be a fit caregiver.
California custody laws also frown upon parents who attempt to undermine the child’s relationship with the other parent. Some parents try to alienate their children from their former partner or even make false reports of child abuse. The court keeps track of such matters and misbehavior. A parent who has interfered in the relationship between the other parent and the child may have an uphill battle when it comes to a custody fight.