In making appropriate child custody rulings, decisions and awards, the court is required to determine what is in the best interests of the child or children in issue. Child custody considerations and laws consist of complex concepts, but generally require the court to consider which parent is best able to provide for the needs of the child or children in terms of health, safety and welfare, while at the same time considering the history of custodial responsibilities, who has been the primary custodial parent, history of contacts between the child and parents, and which parent will be most likely to promote and provide open, frequent and continuing contacts between the child or children and the other parent.

While not mandatory, many courts may tend to favor the testimony of an expert when making decisions and rulings in difficult or contentious custody or visitation cases. Expert testimony may be supplied by an appointed mental health care professional. Other options include partial or full child custody investigations through mediation and investigative services.

In appropriate cases, the court may even appoint an attorney to represent your child or children, which may be extremely beneficial where the minor child or children has a primary custodial parent preference, or where the parties needs, wants or desires are in conflict with the needs and/or best interests of the child or children involved.

In almost all California courts, mediation through a county mediation and investigative service is a mandatory condition precedent to the court’s willingness to hear any contested custody or visitation related issue, it being the purpose of such mediation to promote the parties to attempt to resolve their own custody and visitation needs with a trained social worker, without judicial interference, and outside of the presence of their respective attorneys. While the role of the mediation process differs from county to county in California, (some counties allow mediation to make recommendations to the court vs. other counties where mediation is strictly a settlement tool) most mediation agencies have the ability to recommend the appointment of counsel for a minor, or recommend that a custody evaluation be performed, where a case appears to be difficult or contentious.