Good morning Sue762-Ga! I would like to answer your question about
legal definition of a child's best interest in California.
California Code makes clear that [custody and visitation]
determinations are to be made from the standpoint of the ?child's best
interest?. In making the "best interest" determination, the court can
consider any "relevant" factors. [Ca Fam § 3011] The court "must look
to all the circumstances bearing on the best interest of the minor
child"
Source: Child Custody Attorneys, Kinsey Law Offices
( http://www.kinseylaw.com/clientserv2/famlawservices/childcustody/childcustody.html
)
According to California Family Code § 3011, the ?best interest? of a
child is as follows:
In making a determination of the ?best interest of the child? in a
proceeding described in Section 3021, the court shall, among any other
factors it finds relevant, consider all of the following:
(a) The health, safety, and welfare of the child.
(b) Any history of abuse by one parent or any other person seeking
custody against any of the following:
(1) Any child to whom he or she is related by blood or affinity or
with whom he or she has had a care taking relationship, no matter how
temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or person
seeking custody, or a person with whom the parent or person seeking
custody has a dating or engagement relationship.
As a prerequisite to the consideration of allegations of abuse, the
court may require substantial independent corroboration, including,
but not limited to, written reports by law enforcement agencies, child
protective services or other social welfare agencies, courts, medical
facilities, or other public agencies or private nonprofit
organizations providing services to victims of sexual assault or
domestic violence. As used in this subdivision, "abuse against a
child" means "child abuse" as defined in Section 11165.6 of the Penal
Code and abuse against any of the other persons described in paragraph
(2) or (3) means "abuse" as defined in Section 6203 of this code.
(c) The nature and amount of contact with both parents, except as
provided in Section 3046.
(d) The habitual or continual illegal use of controlled substances or
habitual or continual abuse of alcohol by either parent. Before
considering these allegations, the court may first require independent
corroboration, including, but not limited to, written reports from law
enforcement agencies, courts, probation departments, social welfare
agencies, medical facilities, rehabilitation facilities, or other
public agencies or nonprofit organizations providing drug and alcohol
abuse services. As used in this subdivision, "controlled substances"
has the same meaning as defined in the California Uniform Controlled
Substances Act, Division 10 (commencing with Section 11000) of the
Health and Safety Code.
(e)
(1) Where allegations about a parent pursuant to subdivision (b) or
(d) have been brought to the attention of the court in the current
proceeding, and the court makes an order for sole or joint custody to
that parent, the court shall state its reasons in writing or on the
record. In these circumstances, the court shall ensure that any order
regarding custody or visitation is specific as to time, day, place,
and manner of transfer of the child as set forth in subdivision (b) of
Section 6323.
(2) The provisions of this subdivision shall not apply if the parties
stipulate in writing or on the record regarding custody or visitation.
Source: Legaltips.org
( http://www.legaltips.org/california/california_family_code/3010-3011.aspx )
As far as I can see, the? best interest of a child? is most often
referenced in child custody cases.
I hope this answers your question. If this answer requires further
explanation, please request clarification before rating it, and I will
be happy to look into this further.
Nenna-GA
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