Child Custody and the Best Interest Standard of Review

At the Law Office of David P Schwarz we are experienced child custody trial attorneys. We have litigated many cases involving the issues of best interest many times in the Orange County Family Law Court. Please contact us for a consultation at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.

There are many factors in determining the Best Interest standard the Family Law Court must use in order to determine how the child custody and visitation agreement between the father and mother will be used.

A child custody lawyer will bring to the Courts attention first The health, safety, and welfare of the child. This issue leads the pack for the Court to determine the Best Interest of the child. If they are serious issues of danger or health to the child while residing with one parent then the Court must factor that into the Best Interest calculation.

An Orange County family law attorney will either argue to the court or defend a clients actions if there is a history of abuse by one parent or any other person seeking custody.

The Family Law Court will look to the relationship the person who is caring for the child to determine if there is any abuse. If there is any blood relationship then the Courts must take that into account and determine if abuse must be factored into the Best Interest standard.

A Child Custody attorney will bring to the Courts attention that there must be an evaluation of the abuse allegation regarding current spouse who is not the parent. In addition, the Court must look to any 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.

At the Law Office of David P Schwarz we will make sure the allegation of any abuse are taken seriously and to do so under the Best Interest standard we will have the Court require substantial independent corroboration such as written reports by law enforcement agencies, child protective services or other social welfare agencies.

The Family Law Court must also look to see if there were criminal charges under penal code section 11165.6 and under the family code section 6203 for domestic violence.

A Child Custody Law Attorney will also argue to the Court under the Best Interest standard must factor in their calculations for Best Interest the nature and amount of contact with both parents. A short absence by one parent under family code 3046 cannot be used against that parent if they had the intent to reunite with their child and their absence was only for a short term.

Another important factor the Family Law Court must use to determine the Best Interest standard for child custody is the habitual or continual illegal use of controlled substances.

In addition, the Court will look at the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent.

The Child Custody Court will look to independent written reports from the police, other courts or welfare agencies to determine the veracity of the use.

Where the use of drugs and or abuse have been found and the Judge orders sole or joint custody the Court must put in writing the exact visitation schedule on the record.

Of course if both parties can stipulate to a custody agreement then the above provisions do not apply.

At the Law Office of David P Schwarz we have litigated numerous Orange County child custody cases involving the best interest of the child. We have an aggressive and strong Court presence and always have our client’s interest front and center with the Court. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.

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