Child Custody Laws in California
When deciding which parent a child is told to live with, the Californian family courts have a number
of things to consider in their decision. If you are a parent looking to file custody for your child, there are a few key factors within child custody laws in California that you should be aware of.
Custody Factors
- What is in the best interest of the child.
- History of domestic violence.
- Parental drug use.
- Which parent will allow the child to see more of the other parent.
Drug Testing
It is in the rights of the law that the family court may ask for the parent/guardian to undergo a drug test prior to be granted custody. If a parent has a positive result, it does not automatically mean that they will not be granted child custody, but it will be considered in the decision.
Parent vs. Third Party Custodian
The only time that the California court will grant custody to a third-party (not a parent) is when:
- The child is in danger with both of the parents.
- If the third-party is in the best interests of the child.
Domestic Violence
If a parent has a record of prior domestic violence charges against the other parent, the child in question or the siblings, the court would rather not grant custody to the abusive parent. But the following will be considered:
Where there is protection in place to protect the victim:
- Whether the parent has completed a parenting class
- Whether there are more than one count of domestic violence
- If the parent has completed a batterer’s treatment program
Obtaining custody of your child in California is a tough and stressful situation to go through, but regardless of who the child stays with, you can be assured that it will be decided based on their best interests. The laws of the state revolve around which parent would be the most beneficial and which parent would be the most likely to support the child in a caring and understanding manner. Sometimes, there are certain factors that refrain one of the parents from becoming the sole guardian and sometimes there are candidates that are 100% likely to obtain the child.
Having to go through drug tests and background checks are just some of the mandatory events that happen within the California Family Courts because without them, the child may be placed in the wrong home without a sufficient support system.
Editors Note: For more information on Child Custody Laws please make sure and check out the Child Custody State Laws Guide for more detailed information.
Other resources:Child Custody Law
Child Custody Rights