The Best Interests of the Child Standard in California Custody Cases

Published on: February 21, 2025

When parents go through a divorce or separation in California, one of the most critical legal questions is who will have custody of the child. California courts base custody decisions on the best interests of the child standard, ensuring that the child’s health, safety, and overall well-being come first.

If you’re facing a custody dispute in Ventura County and Los Angeles County, understanding how this standard applies can help you navigate the legal process and advocate for your parental rights. Here, our Thousand Oaks family law attorney at Markey Law Offices explains.

What Does “Best Interests of the Child” Mean?

Under California Family Code § 3011, courts consider several factors to determine what custody arrangement serves the child’s best interests.

These factors include:

• The child’s health, safety, and welfare – The court prioritizes a stable and supportive environment, ensuring that neither parent poses a risk of harm.
• History of abuse or domestic violence – If there is evidence of abuse by either parent, the court may limit or deny custody to protect the child.
• The nature and quality of each parent’s relationship with the child – Judges assess which parent has been the primary caregiver and the child’s emotional bond with each parent.
• Each parent’s ability to provide for the child’s needs – Courts evaluate financial stability, living arrangements, and parenting capabilities.
• The child’s preference – If the child is mature enough to express a reasoned preference, the court may take their wishes into account.
• Co-parenting ability – Judges favor parents who demonstrate a willingness to foster a healthy relationship between the child and the other parent.

How the “Best Interest” Standard Determines Child Custody in California

When it comes to child custody in California, there are two main types: legal custody and physical custody.

• Legal custody refers to a parent’s right to make important decisions about their child’s upbringing, including education, healthcare, and general welfare. In most cases, parents share joint legal custody, meaning both have a say in major decisions. However, if one parent is deemed unfit—due to issues like neglect, abuse, or instability—the court may award sole legal custody to the other parent.
• Physical custody determines where the child primarily lives. With joint physical custody, the child spends substantial time with both parents, though it may not always be a perfect 50/50 split. In cases where sole physical custody is granted, the child lives with one parent while the other typically has scheduled visitation. The goal is to create a stable, supportive environment while allowing both parents to remain involved.

Can Custody Arrangements Be Modified?

Custody arrangements can change if there’s a significant shift in circumstances. A parent’s relocation, changes in the child’s needs, or concerns about safety could all be valid reasons to request a modification. However, courts won’t approve a change unless it aligns with the best interests of the child. If you believe your current custody order no longer serves your child’s well-being, it’s important to seek legal guidance to navigate the modification process.

How Markey Law Offices Can Help

Custody disputes can be emotional and complex, but you don’t have to face them alone. At Markey Law Offices, we help parents in Thousand Oaks and surrounding areas navigate custody matters with a strong legal strategy focused on the best interests of the child.

Contact us today to discuss your case and protect your parental rights. Our fully remote services let you connect with an attorney anytime—by call, text, email, or Zoom—for personalized legal advice from someone who truly understands the personal impact of your case and its future consequences.