| Child custody laws in California provide clear | | | | then that house needs to be modified before any |
| guidelines for the court to outweigh the child's | | | | visitations can take place. Health and safety go |
| best interest standard in a court battle. It is | | | | hand in hand. If you are seeking full custody of |
| specifically stated in the California Family Code | | | | your children and you can provide health insurance |
| that it is a public policy of that state for the | | | | for them, you are a step ahead in the battle. |
| courts to consider the health, safety and welfare | | | | In California, the welfare of the child can be |
| of children, their primary concern when deciding | | | | anything that improves the quality of life of the |
| custody and visitation schedules. A custody or | | | | children. It is a broad term. If your spouse is |
| visitation fight may be decided in favor of one | | | | requesting sole child custody of your children and |
| party rather than the other, simply because the | | | | he or she has the means to take them on |
| judge must give priority to the health, safety and | | | | summer vacations, enroll them in a private school, |
| welfare factors above anything else. | | | | provide for college education and pay for ballet, |
| In a custody or visitation dispute, regardless of | | | | karate and equestrian classes, he or she may |
| whether you are the petitioner or the respondent, | | | | have better chances of winning the custody. |
| you need to keep in mind that these guidelines | | | | Nevertheless, this will not be the only element the |
| are based upon the California's State Constitution's | | | | court will consider when adjudicating child custody |
| police power of the Legislature to protect minor | | | | and visitation rights. The combination of these |
| children. If you have evidence that granting your | | | | factors, in addition to many others, such as the |
| ex-spouse custody or visitation rights of your | | | | parents' mental health, type of relationship with |
| children might put their health, safety and welfare | | | | the children and time available to share with them |
| at risk, the best you can do to win the fight is to | | | | will come into the judge's perspective as well. |
| bring the court's attention to that matter. | | | | Child custody laws in California demand that |
| However, a simple statement or opinion in that | | | | before issuing an order, the court take a close |
| sense, will not guarantee your success. The law in | | | | look on what kind and how frequently the parents |
| California requires that you present significant | | | | will have contact with the children-- i.e. the |
| evidence to support your allegation. | | | | custody and visitation schedule. It is by far most |
| What could be considered in jeopardy of your | | | | favored by the family courts in California that the |
| child's health, safety or welfare? According to the | | | | contact be frequent and continuing with both |
| Family Code of California, the conditions of the | | | | parents. The court's tendency is to establish a |
| home in which the child will be visiting or sharing | | | | collaborative schedule or agreement that will allow |
| time with the other parent are of critical | | | | for both parents to have equal time share with |
| importance when evaluating the child's future | | | | their children. Health, safety and welfare, together |
| health. Obviously, if the residence poses a danger | | | | with financial capacity, education, relationship with |
| to the hygiene or physical state of the child, then | | | | siblings and the frequency of the contact the |
| that home is considered inappropriate and | | | | children will have with both parents come into play |
| visitation could be restricted or denied. You don't | | | | when deciding a custody petition. However, health, |
| want your child to spend time in a house infested | | | | safety and welfare will always be the primary |
| with bugs, cluttered with sharp objects, tools or | | | | concern. Therefore, if any other element |
| glass. If the house is not suited for minor children, | | | | represents a conflict for the health, safety and |
| like if there is a pool or a lake nearby and there is | | | | welfare of the child, that element will be left out |
| no fence to prevent your child from falling in it, | | | | of the equation. |