How a Child’s Age Influences Child Custody in California
Holidays can be a wonderful time of the year. On the other hand, divorce and custody issues also skyrocket during these times. Pressure can work both ways. Many parents facing a question of child custody and visitation may wonder if a child’s age can influence child custody decisions in divorce cases.
As always, the answer is really…it depends. The age of the child, even the expressed preferences of the child, is not the end-all, be-all factor for the court when they are called upon to rule on child custody and visitation matters. This blog article is meant to help provide parents with some basics to better understand how the courts approach these issues, and what you can generally expect when custody decisions need to be made. For experienced counsel tailored to assist in your own circumstance, reach out to an experienced divorce attorney with the Law Office of Bradley S. Sandler today.
California’s Child Custody Legal Framework
Child custody decisions in California are made after the court undertakes a thorough assessment of the situation and makes decisions driven by the principle of serving the child’s best interest. Factors that are considered include the stability of both parents, the child’s emotional, physical, and mental well-being, as well as the interest in seeing the child thrive. This is often (though not always) supported through ensuring minimal disruption to the child and encouraging continuity in established routines.
Generally speaking, California presumes that the child’s best interests are served by maintaining and supporting significant relationships with both parents. This presumption can, of course, be overcome. And even in situations where both parents maintain joint custody, changes in that custody agreement can sometimes be warranted. One factor that can come into play, as a child gets older, is that child’s expressed wishes.
The Role of Age in Child Custody
Child custody decisions will always center around what serves a child’s best interests. However, as a child ages, what best serves their interests may change from what was best a few years before.
The court presumes that young children cannot (and should not) shoulder the responsibility of assessing the complexities of child custody. However, as a child ages, particularly at age 14, more attention is paid to a well-expressed desire in their own custody arrangements. It is important to note that this is not a definitive factor. It is simply one factor, of many, that courts consider when trying to assess what arrangement best serves the child’s interests.
Factors in Custody Decisions
Factors the court considers when making decisions as to what best serves the child’s interests include the child’s relationship with both parents, existing routines, mental, emotional, and physical health and wellbeing, the stability of the parents, and more. If you believe that your custody situation might be shifting in the near future, there are steps you can take to assess your situation and make important moves to better the odds of landing in the situation that best serves your child’s well-being. An experienced attorney can help.
Contact the Law Office of Bradley S. Sandler
Divorce attorneys and those specializing in family law have experienced the tensest of family and legal situations, and know how to guide clients through those complexities. Contact an experienced divorce attorney at the Law Office of Bradley S. Sandler to speak with experienced, respected legal counsel on the next steps in your own family law matter.
Sources
https://flf.sdcourt.ca.gov/article/custody-and-visitation-overview