How is the “best interests of the child” determined in cases of custody and visitation?
When it comes to determining the best interests of the child in cases of custody and visitation in California, the court has a few criteria it considers. The court looks at the child’s overall well-being, taking into account the child’s physical, emotional, mental, educational, and moral health and safety. It also considers the child’s needs in the context of the existing relationships with the child’s parents, siblings, and other family members, including the grandparents. The court also looks at any past or present abuse, violence, or criminal activity by any family members, as well as any risk of harm to the child. The court also considers the wishes of the child, if they are deemed to be of legal age and have a sufficient understanding of what is being decided. The court will take into account the parents’ ability to cooperate and make joint decisions, as well as the parents’ parenting skills and support of the child’s relationship with any other family members. The court takes all of this into account in order to make the decision most beneficial for the welfare of the child. Ultimately, the court has the final say and its decision is based off of what is deemed to be in the best interest of the child.
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