When you are going through a divorce or separation where children are involved, you will have to establish where the children will spend their time in the future. In most circumstances, spending a portion of time with each parent is in the best interests of the child. However, when it comes to deciding how much time should be spent with each parent or whether the child should stay overnight at one parent’s house at all, the child custody court will take the appropriateness of accommodation into account.
As a parent, you will want to make sure that your child is living in appropriate conditions at all times. Therefore, if you have reason to believe that the other parent does not have appropriate accommodations for your child when your child is staying with him or her, it is important that you know where the child custody modification process stands when it comes to taking action in regard to suitable accommodations.
What the child custody court takes into account
The child custody court in California always seeks to make decisions based on what will be in the best interests of the child. This means that if the court finds that the accommodation in place will negatively affect the children or endanger them, they may consider ruling against overnight stays.
When deciding what type of accommodation is appropriate, the courts appreciate that this is subjective based on the circumstances. Therefore, they take many considerations into account. One of the most important considerations is the child’s age and gender. The courts might find it acceptable for two children of the opposite gender under the age of 8 to share a bedroom, for example. However, if these two children are adolescents, the courts may deem this inappropriate.
They will also take into account the number of children in the home, the specific circumstances of the family and the unique needs of the child. Ultimately, the child’s safety and well-being will come first. If you are concerned about the welfare of your child while he or she is staying with the other parent in California, it is important that you take action and learn about your rights.