QUESTION
How does the court make a decision about child custody?
Asked on Nov 20th, 2012 on Divorce - California
More details to this question:
What will the court look at to decide which parent should have custody of the minor child?
8 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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There are about 22 different factors that are considered in determining what timesharing plan is in the best interest of the child. You should consult with an attorney to assist you, as the judge's decision will have a lasting impact on you and your child or children's lives and relationship.
Answered on Nov 21st, 2012 at 1:20 PM
The court tries to determine what is in the child's best interests while maintaining as much continuity and contact between the child and both parents. Most counties require that the parties attend child counseling mediation to help reach a parenting agreement.
Answered on Nov 21st, 2012 at 1:19 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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California presumes joint custody unless evidence is shown it is not in the best interest of the child. If parents live close and can demonstrate an ability to co-parent a 50/50 timeshare can be developed. If the parents can't get along the court generally awards primary custody with the parent who is most likely not going to interfere with the non custodial parent being able to see the child.
Answered on Nov 21st, 2012 at 6:41 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The judge will look at all the facts related to both parents and make a decision based on what the judge believes will be in the child's best interest for the future. Each case is fact specific so there is no simple answer to your question. Hiring a lawyer is a very good idea, particularly when the welfare of a child is involved.
Answered on Nov 21st, 2012 at 6:39 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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All facts relevant to the best interest of the child. In Washington that means assessing who has the closer relationship and who has performed the most parenting functions.
Answered on Nov 21st, 2012 at 6:39 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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In Michigan, the court will look at 12 factors to determine what is in the best interest of the child for custody.
Answered on Nov 21st, 2012 at 6:38 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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There is a long list of factors enumerated under South Carolina Law which the Court may consider in making a custody determination. You should consult with a local attorney as soon as possible in regards to this matter.
Answered on Nov 21st, 2012 at 6:37 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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They look at what the typical child sharing was and what would be in the child's best interest.
Answered on Nov 21st, 2012 at 6:36 AM