| "In the best interest of the child" or | | | | laws in favor of joint custody, but only when |
| "child's best interest" is the famous mantra | | | | the parents agreed to it. Other states such |
| of the family court, which is prevalent in | | | | as the District of Columbia, Florida, Idaho, |
| child custody proceedings today, yet its | | | | Iowa, Kansas, Louisiana, Minnesota, |
| interpretation by the family court or judges | | | | Missouri, Montana, New Hampshire, New Mexico, |
| is often arbitrary and its meaning is still | | | | and Texas, have laws favoring a presumption |
| obscure. Moreover, the law regarding child | | | | for joint custody. In a few other states, |
| custody varies from state to state leaving no | | | | joint custody is not specifically authorized. |
| uniform legal position regarding what is in | | | | |
| the best interest of the child. Some states | | | | Regardless of each states position for or |
| have a preference and presumption towards | | | | against a presumption or preference in favor |
| joint custody while others do not. Some | | | | of joint custody and whether or not it has |
| states are amending its law to adopt a | | | | been specifically authorized, overall there |
| preference and presumption for joint custody | | | | appears to be a growing trend in favor of |
| while others are amending its law to allow | | | | joint custody and more and more bills being |
| joint custody only when the parents agree to | | | | introduced to adopt a presumption for joint |
| it. | | | | custody being in the best interest of the |
| | | | child unless certain circumstances apply, |
| Like most states the standard for child | | | | such as convincing evidence that a parent is |
| custody determination in California is the | | | | unfit or it would not be in the best interest |
| overall best interest of the child such that | | | | of the child to award joint custody. |
| it assures the "health, safety, and welfare" | | | | |
| of the child and "frequent and continuing | | | | If you are involved in a child custody |
| contact" with both parents. However, | | | | dispute, whether it is the initial child |
| California does not establish a preference or | | | | custody determination or a child custody |
| a presumption for or against joint custody or | | | | modification, you would be wise to consult a |
| custody to one parent and therefore leaves | | | | family law attorney in your jurisdiction to |
| the parenting plan decision up to the | | | | help you learn what the law and standard for |
| discretion of the family court or a judge. | | | | custody determinations is in your area and |
| In 1979, California adopted a presumption for | | | | how it applies to your specific situation. |
| joint custody, but later amended the law in | | | | Further you will want to learn what factors |
| 1994 to allow joint custody only when the | | | | the court will consider in determining the |
| parents agreed to it. According to the | | | | best interest of the child so you are fully |
| American Bar Association, other states such | | | | aware of your child custody rights and |
| as Connecticut, Maine, Michigan, Mississippi, | | | | responsibilities. |
| Nevada, Vermont, and Washington also adopted | | | | |