HOW DOES A JUDGE

MAKE CUSTODY
DECISIONS BASED ON A

CHILDS AGE?
Many different factors are considered when a judge determines custody. One possible consideration is the age of the child at the time when the parents are divorcing.

Terence Daniel Doyle, Esq.

When making a child custody determination, the court must consider and give due weight to the desires and wishes of a child, but only if the child is considered of sufficient age.
When determining an appropriate custody arrangement in divorce, the judge will act in the best interests of the child. The general goal is to allow a child to continue an ongoing relationship with both parents and to ensure that the child has the most stable possible living environment. Many different factors are considered when a judge determines custody. One possible consideration is the age of the child at the time when the parents are divorcing. A child who is older is given more autonomy in expressing his or her wishes regarding how custody is divided among his parents.

CUSTODY AND A CHILDS AGE

When making a child custody determination, the court must consider and give due weight to the desires and wishes of a child, but only if the child is considered of sufficient age. In determining whether a child is of sufficient age, the key factor is whether the child has the capacity to reason and is able to form an intelligent preference regarding the parental custody arrangement. The assessment of whether a child has sufficient capacity to make an informed choice on the issue of custody must be made on a case-by-case basis with the understanding that every child is different. However, the general rule is that an older child will have greater weight given to his preferences regarding which parent he wishes to live with.

How Does a Judge Make Custody Decisions Based on a Childs Age? Doyle Golde &Grossman Family Law Group925-314-2320

HOW ARE CHILDREN CONSULTED ON CUSTODY ISSUES?

For younger children, going to court or expressly stating a preference for one parent can be an emotionally challenging experience and the issue must be handled with sensitivity by all parties. Typically, a child custody evaluator is used to determine the preferences of younger children. The child custody evaluator will conduct interviews with both of the parents and with the child or children. The evaluator may also observe the children with each parent, and may make contact with collateral sources including pediatricians and teachers. The goal of the evaluator is to determine the best living environment for the child and to determine the childs preferred custody arrangement. Children over the age of 14 are given a broader role in custody proceedings. At this age, the children can have direct access to the court in order to express their preferences regarding child custody sharing.

CHILD CUSTODY TIMESHARE ARRANGEMENTS

In most California divorces, custody is shared among the parents to facilitate an ongoing relationship with both the mother and the father. A number of different timeshare arrangements exist wherein the child splits his time between two households. In joint custody situations, the childs time with each parent may be apportioned close to equally. The child may spend one week or one month with his mother and then live the next week or next month with his father. With these types of arrangements, care must be taken to ensure that the child feels as though he has a permanent home rather than feeling too transient.

How Does a Judge Make Custody Decisions Based on a Childs Age? Doyle Golde &Grossman Family Law Group925-314-2320

In primary custody situations, the childs time is largely spent with one parent and the other has regular visitation. One common example of this type of timeshare arrangement is when a child lives with his mother or father and spends every other weekend with the non-custodial parent. Finally, in sole custody situations, the child lives only with one parent and may have limited and often supervised visitation with the other parent. These custodial situations are rare and are usually limited to situations where one parent has been abusive, where neglect has occurred or where one parent has demonstrated a lack of fitness or inability to provide a stable living environment.

The custody timeshare arrangement is one of the most important decisions during the process of divorce. It determines not only who has physical custody of the child but also plays an important role in determining the amount of support that each parent is required to provide towards the care and upbringing of shared children. A parent is assumed to provide financial support for his or her children during the time physically spent together, so a non-custodial parent will generally be responsible for providing child support payments.

How Does a Judge Make Custody Decisions Based on a Childs Age? Doyle Golde &Grossman Family Law Group925-314-2320

CUSTODY DECISIONS IN A DIVORCE

Although the preferences of a child are given consideration in a California court, especially when the child is older, the process of voicing an opinion on custody can be a difficult experience. Children need to be provided with sufficient support from both parents and from outside therapists or professionals in many cases to resolve their feelings regarding the divorce and custody choice. Parents should also consider making a determination on child custody issues collaboratively, through mediation or other alternatives to litigation. Having a judge decide on custody should be a last resort only if negotiations have broken down and a decision cannot be made. In out-of-court negotiations and in a litigated divorce, both parents should be represented by an experienced attorney who can advise them on the custody process and who can assist in arguing for the desired custody share arrangement. If paying the required amount of support becomes a hardship as a result of a material change in circumstances, the spouse who wishes to make a change to the support order will need to petition the court in order to do so. The spouse seeking the change in the support amount must show that a significant change in circumstances has occurred that has made paying the designated support amount impossible.

How Does a Judge Make Custody Decisions Based on a Childs Age? Doyle Golde &Grossman Family Law Group925-314-2320

About the Author

Courts will consider whether the change of circumstance is sufficient enough to warrant a solution. However, the payor spouse cannot act intentionally to reduce his or her income simply to avoid support obligations. An experienced divorce and family law professional can help spouses involved in a divorce to understand the processes the court follows in making important decisions such as a ruling on spousal support. Your attorney will also argue on your behalf and help you to achieve the most favorable outcome possible under the circumstances of your divorce.
Terence Daniel Doyle, Esq. is the founder of the Family Law Group, Danville CA. Terence Daniel Doyle brings a powerful background and a strong skill set to the firm. He is one of only 1100 attorneys in the state of California to hold the unique standing of Certified Family Law Specialist (CFLS) from the State Bar Board of Legal Specialization. In addition to family law, his areas of practice include civil litigation, as well as estate planning and taxation. Mr. Doyle established the firm in 1984, and maintains a strong vision for the law group and its clients. Terence Doyles greatest strength is his ability to apply his knowledge of case law to his clients particular situation, and then devising a strategy which produces the best possible outcome. Mr. Doyle is a member of the State Bar in the states of California, Arizona and Hawaii. He holds his law degree from Golden Gate University, with a B.A. in Mathematics from St. Marys College of California. He is a Danville California native where he resides with his family.

How Does a Judge Make Custody Decisions Based on a Childs Age? Doyle Golde &Grossman Family Law Group925-314-2320