CALIFORNIA CHILD CUSTODY
EXPLAINED BY OAKLAND DIVORCE – MEDIATION  ATTORNEY

CHILD CUSTODY
It is California public policy that minor children have frequent and continuing contact with both parents after divorce. Parents are encouraged to share the rights and responsibilities of child rearing, except when that contact would not be in the child’s best interests. While custody determinations are made by county courts (such as Alameda or Contra Costa here in the East Bay), parents are encouraged and given resources to come up with their own parenting plans. Before any court makes a custody determination, the parents must go through mediation to try to reach agreements about custody and visitation. Mediation can either be through the county’s Family Court Services or the parents may choose to go through a private mediator. Private mediation is preferred because the parents have more time to try to reach agreements. Parents are almost always happier with agreements they reach on their own rather than orders issued by a court.

Courts look at, among other factors, the following in making custody determinations:

• The health, safety and welfare of the child;

• Any history of abuse by the person seeking custody;

• The nature and amount of the child’s contact with each parent;

• The use of drugs and alcohol by each parent.

The judge cannot make a determination on custody based on the gender of the parent. Nor can the judge make a determination of custody based on the finances of one parent compared to the other.  Generally, teenagers’ express preferences about custody are given weight by courts.

Resolving Family Law Matters
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Serving Contra Costa County and Alameda County at East Bay courts in Oakland, Hayward, Pleasanton, Fremont, and Martinez; including the surrounding communities of Berkeley, Albany, Piedmont, El Cerrito, Walnut Creek, Lafayette, Moraga, Orinda, Danville, Kensington, Pleasant Hill, Concord, and Antioch.