In any child custody case in California, the court’s guiding principle is clear: What arrangement serves the child’s best interests? This is not just a moral guideline but the legal standard under California law.
For parents going through separation or divorce, understanding how the court applies this “best interest” standard is essential to effectively advocating for a fair and healthy custody outcome.
What Is the “Best Interest of the Child” Standard?
California Family Code § 3011 outlines the factors courts must consider when deciding what custodial arrangement is in a child’s best interest. Rather than focusing on what either parent prefers, the court is tasked with determining the environment that most supports the child’s safety, well-being, and emotional development.
The court considers:
The child’s health, safety, and welfare.
Any history of abuse by either parent or others seeking custody.
The nature and amount of contact the child has with each parent.
Substance abuse or mental health concerns involving either parent.
The child’s preferences, if the child is mature enough to express them.
These factors allow for a case-by-case approach, ensuring the court considers each family’s unique dynamics.
How California Courts Evaluate Custody
The court generally encourages both parents to share custody when it is in the child’s best interest. However, this doesn’t necessarily mean a 50/50 time split. Judges are more concerned with stability and support than with exact parity.
The types of custody considered include:
Legal custody – Who can make significant decisions about the child’s health, education, and welfare.
Physical custody – Where the child lives and who provides day-to-day care.
Courts may award joint or sole custody depending on the case’s specifics. For instance, a parent with a history of domestic violence may receive limited or supervised visitation, even if they previously played an active parenting role.
Why the Standard Matters
Understanding the best interest standard helps parents present stronger cases.
Rather than focusing solely on their rights or frustrations, parents should be prepared to demonstrate:
A consistent ability to meet the child’s needs.
A stable living environment.
A willingness to support the child’s relationship with the other parent.
A parenting plan that prioritizes the child’s routine and emotional well-being.
Courts often favor the parent who can show they are child-focused and cooperative over one who appears combative or self-interested.
How Feak & Revelo, LLP Can Help
Our San Jose Child Custody attorneys understand that child custody disputes are emotional and high-stakes. We work closely with parents to build thoughtful, evidence-based strategies that align with California’s best interest standard. Whether you’re pursuing joint custody or primary custody or need to protect your child from a harmful situation, our team will guide you every step of the way.
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
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