Legal Question in Family Law in California

In order for the court to change a permanent custody order, the party seeking the change must demonstrate that there has been a substantial change of circumstances and it is essential to the child�s welfare and interest that the custody arrangement be modified.

Given the facts you have provided it is likely that the order will not be modified. If you have had full physical and legal custody, the court is unlikely to change the arrangement unless father can show that something has significantly changed since the original order and that change would effect the child's welfare. My office is in Walnut Creek, so I am familiar with the schools in the area, and you are correct to point out that a judge may well consider the quality of the schools in San Ramon, which are better than the schools in Antioch generally. Also, the continuity of the child's relationships with school friends/teachers will be considered, especially if the child is older. The sexual orientation of parents is not considered, although you have pointed out that is not an issue. Also, the fact that you are in a domestic partnership and father is remarried should not effect the case. The size of the house will probably not matter.

Courts consider the following when deciding custody:

- Best interest of the child. The child�s best interest is the primary consideration in custody disputes. This includes concern for the child�s health, safety, and welfare. Any history of child neglect or abuse may be determinative.

- Frequent and continuing contact with both parents. Because it is policy to allow a child to have a relationship with both parents, it is prudent for parties to understand that they will not benefit from trying to keep a child away from the other parent.

- Maintenance of status quo. Courts usually do not change custodial arrangements that are already in place unless there is a showing of detriment to the child.

- Continuing relationships with others and the community. This factor is especially important for older children. For example, a court is unlikely to remove a child from high school after the child has spent a year or two at the school.

- Child�s preferences. If the child is old enough, his or her preference may be considered.

- Separation of siblings is disfavored.

- Domestic Violence. A domestic violence perpetrator will be heavily disfavored in a custody battle.

- Criminal history.

- Drug or alcohol abuse.

If you have any further questions feel free to email me directly at my office email: [email protected].