| “In the best interest of the child” or | | | | Washington also adopted laws in favor of joint |
| “child’s best interest” is the famous | | | | custody, but only when the parents agreed to it. |
| mantra of the family court, which is prevalent in | | | | Other states such as the District of Columbia, |
| child custody proceedings today, yet its | | | | Florida, Idaho, Iowa, Kansas, Louisiana, Minnesota, |
| interpretation by the family court or judges is | | | | Missouri, Montana, New Hampshire, New Mexico, |
| often arbitrary and its meaning is still obscure. | | | | and Texas, have laws favoring a presumption for |
| Moreover, the law regarding child custody varies | | | | joint custody. In a few other states, joint custody |
| from state to state leaving no uniform legal | | | | is not specifically authorized. |
| position regarding what is in the best interest of | | | | Regardless of each states position for or against |
| the child. Some states have a preference and | | | | a presumption or preference in favor of joint |
| presumption towards joint custody while others | | | | custody and whether or not it has been |
| do not. Some states are amending its law to | | | | specifically authorized, overall there appears to be |
| adopt a preference and presumption for joint | | | | a growing trend in favor of joint custody and |
| custody while others are amending its law to allow | | | | more and more bills being introduced to adopt a |
| joint custody only when the parents agree to it. | | | | presumption for joint custody being in the best |
| Like most states the standard for child custody | | | | interest of the child unless certain circumstances |
| determination in California is the overall best | | | | apply, such as convincing evidence that a parent is |
| interest of the child such that it assures the | | | | unfit or it would not be in the best interest of the |
| “health, safety, and welfare” of the child | | | | child to award joint custody. |
| and “frequent and continuing contact” with | | | | If you are involved in a child custody dispute, |
| both parents. However, California does not | | | | whether it is the initial child custody determination |
| establish a preference or a presumption for or | | | | or a child custody modification, you would be wise |
| against joint custody or custody to one parent | | | | to consult a family law attorney in your jurisdiction |
| and therefore leaves the parenting plan decision | | | | to help you learn what the law and standard for |
| up to the discretion of the family court or a | | | | custody determinations is in your area and how it |
| judge. In 1979, California adopted a presumption | | | | applies to your specific situation. Further you will |
| for joint custody, but later amended the law in | | | | want to learn what factors the court will consider |
| 1994 to allow joint custody only when the | | | | in determining the best interest of the child so |
| parents agreed to it. According to the American | | | | you are fully aware of your child custody rights |
| Bar Association, other states such as Connecticut, | | | | and responsibilities. |
| Maine, Michigan, Mississippi, Nevada, Vermont, and | | | | |