What factors go into determining custody and visitation?
In California, as across most of the country, the court is going to look at what is best for the children and they have what is called the Best Interest of the Children’s Standard. That means that the court is going to look at the history of the parents and who has been assuming the primary care taking roles for the children. The court is going to look towards that parent as probably having more custody when they’re making orders in a divorce or a paternity action. Now, it’s important to understand that if you’re looking to have joint custody or primary physical custody that you have the ability to meet the needs of the children. And it’s important if you have a job schedule that’s flexible or if you don’t try to make it flexible so that you can be there for the children. But primarily when a court is going to make a custody visitation order they’re going to look at what’s best for the children and what’s not necessarily best for the parents.
