Uploaded by sandiegofamilylawyer on Jul 10, 2009
The Law Offices of Patrick J. Mazzei
San Diego Attorney at Law
Call Patrick Mazzei for a FREE Consultation
(619) 238-4290 or email him at Mazty@aol.com
San Diego Family Lawyer,
San Diego Divorce Attorney,
San Diego Child Custody Lawyer
1540 Sixth Ave.
San Diego, Ca 92101
Phone: (619) 238-4290
Email: Mazty@aol.com
http://sites.google.com/site/sandiegofamilylawyer/Home
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Call Patrick Mazzei for a FREE Consultation
(619) 238-4290 or email him at Mazty@aol.com
San Diego Child Custody
Call San Diego Family Law Attorney Patrick Mazzei for a Free Consultation
regarding child custody issues at (619) 238-4290
What factors do courts take into account when deciding who gets custody of the children?
Almost all courts use a standard that gives the "best interests of the child" the highest priority when deciding custody issues. What the best interests of a child are in a given situation depends on many factors, including:
the child's age, sex, and mental and physical health
the parent's mental and physical health
the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
the emotional bond between parent and child, as well as the parent's ability to give the child guidance
the parent's ability to provide the child with food, shelter, clothing, and medical care
the child's established living pattern (school, home, community, religious institution)
the quality of the child's education in the current situation
the impact on the child of changing the status quo, and
the child's preference, if the child is above a certain age (usually about 12).
Assuming that none of these factors clearly favors one parent over the other, most courts tend to focus on which parent is likely to provide the children a stable environment, and which parent will better foster the child's relationship with the other parent. With younger children, this may mean awarding custody to the parent who has been the child's primary caregiver. With older children, this may mean giving custody to the parent who is best able to foster continuity in education, neighborhood life, religious institutions, and peer relationships.
Common Questions Regarding Child Custody Issues
What factors do courts take into account when deciding who gets custody of the children?
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
Are courts more likely to award custody to mothers than to fathers?
Does custody always go to just one parent?
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
Is race ever an issue in custody or visitation decisions?
Who determines how much visitation is reasonable and fair?
Is mediation is the best approach to solving disagreements about child custody?
Call San Diego Family Law Attorney Patrick Mazzei for a Free Consultation
regarding child custody issues at (619) 238-4290
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