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The Best Interest of the Child

In negotiating a plan for the sharing of time between parents and children, it is "The Best Interest of the Child" that should be given primary consideration. This is the standard that is used in deciding custody issues in California.

An assessment of the following factors may be helpful to you in determining the best interest of the child.

  1. The age of the child.

  2. The relationship of the child's parents and any other persons who may significantly affect the child's welfare.

  3. The preference of the child, if old enough to express a meaningful preference;

  4. The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity;

  5. The stability of any proposed living arrangements for the child;

  6. The motivation of the parties involved and their capacities to give the child love, affection and guidance.

  7. The child's adjustment to the child's present home, school and community.

  8. The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical stress.

  9. The capacity of each parent to cooperate in childcare.

  10. Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use these methods;

  11. The effect on the child if one parent has sole authority over the child's upbringing; 

  12. History of Domestic Violence

  13. All other factors having reasonable bearing on the physical and psychological well-being of the child.

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