What is the test for a court to determine the best interest of the child in a custody dispute?

California, United States of America


The following excerpt is from Marriage A.S. v. C.A., G052341 (Cal. App. 2017):

"Under California's statutory scheme governing child custody and visitation determinations, the overarching concern is the best interest of the child." (Montenegro v. Diaz (2001) 26 Cal.4th 249, 255 (Montenegro).) The court and the family have "the widest discretion to choose a parenting plan that is in the best interest of

Page 13

Other Questions


What is the test for determining custody of a child when the child is in the custody of the state where the child was born? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
On what basis must a court consider in determining the best interest of the minor child in a custody and visitation matter? (California, United States of America)
When a parent who has sole physical custody under an existing judicial custody order seeks to relocate, does the court have to determine that the custodial parent's relocation is necessary? (California, United States of America)
What is the test for determining the best interest of a parent in a custody dispute? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When will a non-custodial parent's obligation to pay child support be diminished if the custodial parent has interfered with custody or visitation rights? (California, United States of America)
How have courts interpreted the rule that prior determination is not conclusive either if injustice would result or if the public interest requires that the prior determination not to be foreclosed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.