Experienced Divorce Lawyers Serving The South Bay Area, Including San Mateo, Santa Clara And Southern Alameda Counties
BEST INTERESTS OF CHILDREN:
If you are a parent, your children's welfare is always paramount. All parents love and want the best for their children. The legal standard for awarding custody to a parent is the best interests of the children.
Deciding how to raise your children after a separation often becomes emotional for a variety of reasons. Fear and anger may come into play. Many unconsciously use their children as a battleground for proving who is right in the divorce.
Courts seek to preserve the status quo when it comes to children, but there is also a trend toward shared custody, which works best when both parents are willing to put aside their differences for the benefit of their children.
The Process Of Determining Custody
Custody decisions are made early on in the divorce process; usually the first issue to be resolved is where the children will live and when they will see each parent. Family Court Services (FCS) is a branch of the courts, staffed by psychologists specializing in child custody. Before a judge may rule in a custody case, the parties are required to go through the FCS process.
Every custody case unfolds differently. Some cases evolve through a series of short hearings that gradually increase a child's time with one parent until it reaches a stable point. In other cases when a full-blown trial is required, the expense, time and emotional drain can be overwhelming. Contested custody cases are the most difficult and damaging to the family. Custody litigation can tear families apart and often creates scars that never heal.
Move-away cases are the toughest for judges today. Battles between psychologists specializing in custody disputes who appear as expert witnesses can bring to the forefront the latest studies and best theories for making custody decisions, but ultimately, it is for the judge to decide. Currently, the Burgess and La Musga cases require the judge to assume the parent will move no matter what. The decision then becomes a de novo custody decision. The factors the judge must consider are:
- The children's interest in stability and continuity in the custodial arrangement
- The distance of the move
- The age of the children
- The children's relationship with both parents
- The relationship between the parents, including their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests
- The wishes of the children if they are mature enough for such an inquiry to be appropriate
- The reasons for the proposed move
- The extent of shared custody
Para nuestros clientes en la comunidad hispana
Nosotros comprendemos lo importante que es la familia para la comunidad hispana. Por eso hacemos todo lo posible para proteger los derechos de la familia y los intereses de sus hijos durante el transcurso de su divorcio. Siga la liga para aprender más sobre quienes somos en Español.
Call San Mateo County Family Law Attorney Salomon Quintero
Call our Redwood City offices at 650-365-5145 or use the convenient email intake form to request a return phone call to arrange an initial consultation.