As some of you know, Britney Spears' lawyers went back into court yesterday to increase her visitation with her sons. And they did accomplish this goal. Yesterday's move was aggressive and strategic. In family law it is vital to regain visitation as quickly as possible once it has been taken away because there are family law judges who like to preserve the status quo, if children are doing well under it, when it comes time to consider increasing a parent's visitation.
In California, the judge is supposed to make court orders that are in the "Best Interest of the Child." Family Code section 3011 sets forth factors the judge must consider in making a determination of the Best Interest of the Child. One of the factors to be considered are the health, safety and welfare of the child. The judge must look at all the admissible evidence and make determinations that promote the health, safety and welfare of the child because this is in a child's best interest.
As Commissioner Gordon makes rulings in Britney Spears and Kevin Federline's child custody case, he will be doing so within the framework of What's in the Best Interest of the Child pursuant to Family Code section 3011. This is a standard that all judges are supposed to use in making child custody orders in the family law court.
Pam
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