How Can a Judge Know What is Best for My Child in a Custody Battle?
If you’re going through a custody battle in Riverside, you might be under the impression that only you know what’s best for your child. The thought of leaving important custody decisions up to a judge might be extremely distressing. After all, this judge has never met your family before, and they probably haven’t spent any time with your children. And yet they are tasked with making custody decisions that will affect your children (and your entire family) for the rest of their lives. So how exactly does a judge find out what’s best for your children, and is there a way to take back control of these decisions?
Factors that Judges Consider When Determining Custody in California
First of all, you need to understand that a judge will not care about your own personal desires or wishes when it comes to custody. Instead, they focus solely on the children and their best interests. To determine what is best for the child, they consider several pre-determined factors set forth by California law. These factors include:
- The child’s preferences
- Any history of domestic violence
- The age of the child
- The health of the child and each parent
- The emotional ties between parents and children
- The ability of the parents to care for their children (including financial resources)
- Any history of substance abuse
- The child’s ties to their local school, home, and community
There are many other factors that a judge might consider, and they have the freedom to make decisions based on anything they think might be relevant in the specific situation. In addition, it is worth mentioning that some factors are only considered under certain circumstances. For example, a child’s preferences are only considered if they are deemed to be of sufficient mental capacity and maturity.
Is There Another Way?
Instead of allowing a judge to make the final custody decision on your behalf, you could instead choose to create a separate agreement with other parent. This agreement could lay out exactly how custody will be handled going forward, and you can negotiate for a favorable solution with the help of your respective attorneys. If both parents agree on how things should be handled, the agreement becomes legally enforceable as soon as it is approved and signed by a judge. This is part of a collaborative or mediated dispute of the custody and visitation, and this represents a cheaper and more confidential way to resolve custody and visitation disputes. However, there is no guarantee that the other parent will be cooperate and engage in negotiations.
Where Can I Find an Experienced Family Law Attorney in Riverside?
If you’ve been searching for an experienced family law attorney in Riverside, look no further than Knez Law Group, LLP. Over the years, we have guided many parents through the difficult process of a custody battle, and we know how important it is to feel a sense of control during this period. With our help, you can fight for your parental rights in an effective manner. Book your consultation today to get started with an effective action plan.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.