While some couples can co-parent without encountering conflicts, others may require legal assistance in settling matters of custody and visitation rights. This is not uncommon, especially with the divorce rate in the state going up. Although not an entirely pleasant process, a custody order can be the best way to ensure the security and comfort of your child. It can be emotionally draining to undergo these kinds of proceedings, and you must be prepared for what you are about to enter into. Now, what exactly does the court consider in issues of custody and visitation?



The court follows a legal standard that is known as the 'best interest' standard. Ultimately, the main consideration of the court in determining custody and visitation rights is the best interests of the child. During custody determinations, the child holds the spotlight and the court will only settle issues relating to the child's welfare.



How does the Court ascertain the Best Interests of the Child?



It is not solely upon the discretion of the court to find out what the best interest of the child is. Sec. 3011 of the Family Code provides for the guide in custody determinations wherein it enumerates the factors to consider in deciding the best interests of the child, viz:

• The health, safety, and welfare of the child.
• Any history of abuse by one parent or any other person seeking custody against any of the following:

◦ A child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary.

◦ The other parent.

◦ A parent, current spouse, or cohabitant of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.

• The nature and amount of contact with both parents.
• Any history of abuse of alcohol or other illegal substances.
• Any other factors the court finds relevant.

Health, Safety, and Welfare of the Child



This factor is always the judge's top priority in family court. Custody may be denied if the court believes that the health, safety, and welfare of the child may be compromised. The person to be granted custodial rights must be able to meet all the basic needs of the child which includes but are not limited to: shelter, food, clothing, medical care, and education. To be well inform about this rules you may check sacramentofamilylawlawyers.com website. They must also be able to ensure the child's overall health, including psychological and emotional wellbeing. This factor is pretty much all-encompassing and sums up the best interests of the child.



History of Abuse



The court also factors in any history of abuse by either parent in custody determinations. When talking about abuse, it does not necessarily have to be against the child himself, but also against other people as enumerated in Sec. 3011 of the Family Code. Abuse may be physical, emotional, psychological, sexual, or in any other form so long as it is intentionally done to inflict harm or injury on the other person.



Nature and Amount of Contact with both Parents



The nature and amount of contact the child has with both parents is also weighed in custody determinations. The court takes into consideration how both parents deal with the child and his needs, as well as the quality of relationship they have with the child. The custodial parent must be able to make time to build and maintain a good relationship with the child.



History of Abuse of Alcohol or Other Illegal Substances



If there is an allegation of abuse of alcohol or other illegal substances by one parent, the same must be backed up with corroborative evidence before the court considers it. Patterns of abuse of alcohol or illegal substances may deem the parent unfit to care for the child, but in some instances, the court may also grant custody to the said parent. It entirely depends on the current situation and the circumstances of both parents.



Other Factors



It is almost impossible to gauge the best interests of the child just by following a set of ready guidelines. For this reason, the laws have allowed the court to consider any other factors it may find relevant to the determinations. These other factors may be, but are not limited to, the following:

• The preference of the child;
• The parents' health and capability to take care of the child;
• The child's need for continuity and stability of environment;
• The child's relationship with other members of a household;
• The child's current schooling and community relations.