Quick Answer: How Do Courts Decide Who Gets Custody Of A Child??

No matter what the court ultimately decides in a custody hearing, it is required to find a solution that is in the child’s best interests.

Courts will consider the following factors when determining a child’s best interests in a child custody case: Physical and mental health of parents.

What are the custody laws in California?

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.

How do I file for custody of my child in California?

If you have an open case and want to request a hearing for custody and visitation issues

  • Fill out your court forms.
  • Have your forms reviewed.
  • Make at least 2 copies of all your forms.
  • File your forms with the court clerk.
  • Get your court date or mediation date.
  • Serve your papers on the other parent.
  • File your Proof of Service.

What is an unfit parent in California?

California Family Code provides for a non-parent to take legal and/or physical custody of children if the court determines that both parents are detrimental to the child’s upbringing. Such parents may have visitation or supervised visitation.

Photo in the article by “Wikimedia Commons” https://commons.wikimedia.org/wiki/File:Lone_Pine,_California._Mother_and_child_evacuees_of_Japanese_ancestry_on_this_train_en_route_to_the_._._._-_NARA_-_536224.jpg