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