What are the factors that the court should consider when making a custody decision?

California, United States of America


The following excerpt is from De Light v. De Light (In re De Light), E066256 (Cal. App. 2018):

"[I]n an initial custody decision, although the trial court must 'take into account' a planned move and any resulting prejudice to the child, those considerations do not preclude the court from also considering all the other circumstances bearing upon the child's best interest." (Ragghanti v. Reyes (2004) 123 Cal.App.4th 989, 998, fn. omitted.) "Among the factors that the court ordinarily should consider . . . are the following: the children's interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the children; the children's relationship with both parents; the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests; the wishes of the children if they are mature enough for such an inquiry to be appropriate; the reasons for the proposed move; and the extent to which the parents currently are sharing custody." (In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1101.)

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