What is the test for determining the best interest of the child in a custody and visitation matter?
California, United States of America
The following excerpt is from Walker v. Wysocki (In re Walker), E065409 (Cal. App. 2018):
"Under California's statutory scheme governing child custody and visitation determinations, the overarching concern is the best interest of the child. The court and the family have 'the widest discretion to choose a parenting plan that is in the best interest of the child.' . . . When determining the best interest of the child, relevant factors include the health, safety and welfare of the child, any history of abuse by one parent against the child or the other parent, and the nature and amount of contact with the parents. ( 3011.)" (Montenegro v. Diaz, supra, 26 Cal.4th at p. 255, quoting 3040, former subd. (b), now subd. (c); italics added.)
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