Custody must be awarded according to the child’s best interest. It may not be awarded to the parents’ interests.
The legislature has also declared that it is the public policy of the state to ensure minor children frequent and continuing contact with both parents after separation or divorce to encourage parents to share the rights and responsibilities of child rearing. The legislature has also declared that it is the public policy of the state to ensure that each child’s health, safety and welfare expressly including freedom from child abuse and domestic violence in the child’s residence, be the court’s primary concern in determining the child’s best interest when making physical or legal custody and visitation orders.
The court is also required to to determine the child’s best interest in making custody orders.
If one parent is seeking sole legal custody, the court must consider, among other factors, which parent as custodial parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.
Contact a Santa Ana Child Custody Lawyer today for help.