There are a variety of ways in which couples may divide their possessions during divorce; however, it is impossible like to do the same thing with a person. Understandably, it can be an intense struggled to reach the point where one agrees to relinquish custody of a child. In California family courts, the best interest of the child will prevail.
In law, it is preferable for there to be a joint custodial arrangement for the child or children in a divorce. This is not always possible or practical; regardless, every reasonable effort should be made to ensure that both parents continue to have strong relationships with their child. This makes for a better life not only for the child, but for the parents too, as it represents something positive for each one’s future as opposed to a loss. Being able to reach amicable solutions together may also mean less time spent in court.
If there are factors that lead a judge to believe that one parent may obstruct the relationship of the child with the other parent, this can work against what one is trying to achieve. Unless it can be proved that there are good reasons for preventing contact, such as abuse or endangerment, defaming the other parent’s character will not help one’s own case. The court will, however, take very seriously anything that indicates possible detriment to the child’s welfare.
A parent’s love can make one do things that he or she would otherwise never consider; however, California residents and the courts can agree that the best interest of the child should be uppermost in everyone’s minds. Parents who are unable to agree between themselves on the best way forward may wish to engage the services of a mediator, who will remain impartial and can assist in overcoming fears and obstacles. Setting out custody and visitation terms clearly will allow parents to understand the positions of everyone involved, and allow each party to move forward into a more positive future relationship with the child or children involved.
Source: sacramentopress.com, “California Law: Factors Judges Use When Making Child Custody Decisions“, Tommy Wyher, Jan. 14, 2016