Child custody standards

In California, courts have broad discretion in awarding custody of a child during minority. Generally, courts will consider and try to reconcile as best it can, two critical issues.

1. Frequent and continuing contact with both parents.

It is the policy of California that children are to have frequent and continuing contact with both parents after the divorce, and to encourage parents to share the rights and obligations of parenthood.

There are certain situations where this policy would conflict with a goal of ensuring each child's health, safety, and welfare. This may result from child abuse or domestic violence.

2. Child's best interests.

The main goal of the court is to award custody according to what is in the child's best interests. This has nothing to do with what is best for the parents. Although this is a broad concept, there are several factors that will help in figuring out what is in the child's best interests.