What is the test for determining who should have custody of a minor?

California, United States of America


The following excerpt is from Guardianship of Coughlin, In re, 129 Cal.App.2d 290, 276 P.2d 841 (Cal. App. 1954):

'It is the settled rule that, in determining who should have the custody of the minor children of the parties to divorce actions, a very broad discretion is vested in the trial courts. It is only when a clear case of abuse of said discretion is made out that this court will interfere with the determination of the trial court on appeal. Taber v. Taber, 209 Cal. 755, 290 P. 36; Simmons v. Simmons, 22 Cal.App. 448, 134 P. 791.'

In Taber v. Taber, 209 Cal. 755, 756, 290 P. 36, 37, the court said:

'In determining whether other things are equal within the meaning of the above Code section, the trial court is necessarily allowed a wide latitude in the exercise of its discretion. In the first instance it is for the trial court to determine, after considering all the evidence, how the best interests of [129 Cal.App.2d 293] the child will be preserved. The question is to be determined solely from the standpoint of the child, and the feelings and desires of the contesting parties are not to be considered, except in so far as they affect the best interests of the child. It is only when a clear case of abuse of discretion is made out that this court will interfere with the determination of this question on appeal. The rule has been so stated many times. In Simmons v. Simmons, 22 Cal.App. 448, 451, 134 P. 791, 793, it is said: 'It is manifest that the legislature * * * intended to confide to trial courts, in the disposition of the minor children of the parties to

Page 844

Other Questions


Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (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)
In a motion for joint physical custody of a minor, is the mother's claim that the juvenile court abused its discretion by denying her request for joint custody of the minor? (California, United States of America)
What is the test for determining whether a parent is a custodial parent or a non-custodial parent? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a minor intended to sexually assault another minor? (California, United States of America)
What is the test for determining whether a minor was responsible for a sexual assault on a minor? (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 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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.