How does the court decide in a contested custody case?

In a contested custody case in California, the court must decide what custody arrangement is in the best interest of the child. California child custody law emphasizes the child’s health, safety, and welfare as the primary consideration in making a decision. The court may consider a variety of factors when deciding custody, including the child’s age, physical and mental health, relationships with the parents and other family members, and the child’s preference if the court finds the child is of sufficient age and capacity to form an intelligent preference. The court will also review evidence about the parents’ ability to provide for the child’s basic needs and the potential for a strong relationship between the parent and the child. The court also considers any history of domestic abuse between the parents and any history of substance abuse. The court may hear testimony from experts such as family counselors, social workers, teachers, and even the child if the court finds it appropriate. After considering all the evidence, the court must issue a custody and visitation order that clearly states which parent has primary physical and legal custody of the child and sets out a visitation agreement. The court will also make orders regarding child support and may order a custodial parent to attend parenting classes. The court’s goal is to make sure the child’s best interests are met in the long run.

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