The divorce process is not just about the separation of spouses, but a lot more than that. A couple has to undergo and deal with various familial factors under the state’s family law. And one factor among them is child custody.
The process of child custody in California is not a cakewalk. Even if a couple has decided mutually, the legal rules and regulations of the state can make the changes. The law can reject the appeal of the parent and judge him or her on different parameters.
According to the California family court, not all parents are fit to take custody of their child. To make this easy, the court has defined certain factors to assess the incapability of parents to take care of a child’s welfare.
History and evidence of abuse and violence
First and most important, the court will look after the behavior of the parent with the child. The court will check the history and evidence of child and violence. The things will process slowly as the court will conduct a thorough investigation on the child’s life. In case any type of past child abuse is found, the court will reject the appeal. At the most, the court will allow occasional visitation rights.
Lack of involvement in child’s life
The court will try to know the involvement of the parent in the child’s life. It will include things like communication level between the child and parent, problem-solving and decision-making ability of the parent. The primary aim of the court is to determine the relationship between the child and parent and how much the latter knows about the former. If the court finds the parent is not so involved in the child’s life, the result of child custody in California will not be in favor.
Incapacity to provide financial support
Love is important between a parent and child, but money is more important to secure the life of the child. Without strong financial support, a child can never live a dream life and achieve success. So, a parent fighting for child custody in California should be financially strong. The parent should have job security or a fixed mode of earning for the well-being of the child. If the court finds the parent is financially unstable, the case will take a different turn.
Having an existing mental illness
Other than financial stability, a parent should have mental stability. The person filling the child custody case should be mentally strong to handle the responsibility of the child. He or she should not be suffering from any mental illness as it can be risky for the child. In this case, the court will either ask for the medical reports and wait for the person to recover if possible or reject the file. The result depends on the condition of the parent.
History of substance abuse
Substance abuse and addiction spoils a person’s life and impacts the other close ones. Even after recovery, the chances of relapses are very high if the treatment was not right. If the parent has suffered from any substance abuse in the past, he or she will have to prove long-term sobriety and reliability to get custody. In case the parent has a history of relapses, the judge might not believe the parent and find it risky to give the custody.
As a parent looking for child custody, it’s important to consider the factors discussed above. To avoid any complications, it’s good to work with an experienced child custody attorney.