Are child custody decisions based on the best interests of the child?

The answer to this question is yes: child custody decisions in California are primarily based on the best interests of the child. The California Family Code states that the court’s paramount purpose is to determine what arrangement is in the best interests of the child, regardless of the wishes of either parent or other family members. In making its decisions, the court typically considers factors such as the health, safety, and welfare of the child; the nature and amount of contact with each parent; the emotional bonds between each parent and the child; the ability of each parent to provide a safe and stable home; parental involvement in the child’s life; and the child’s preference. The court also has the authority to award joint custody or sole custody, or to require visitation or other forms of contact between the child and each parent. In doing so, the court is guided by the best interests of the child. The court also takes into account any history of abuse or neglect by either parent, or any history of drug or alcohol abuse. Ultimately, the court’s primary concern in making its custody determination is to ensure that the best interests of the child are served, and the child’s health and safety are not compromised.

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