What exactly is the best interest of the child?

News and Views Riverside Superior Court and San Bernardino Superior Court; National Family Law Abuse

Parents hear the phrase best interest of the child on a regular basis as the court is fond of throwing that phrase around in proceedings. However, the court usually fails to qualify the legal standard of that phrase with its diverse rulings, while touting to parents that it is addressing the best interest of the child in the court room. As most of us know that is very far from the truth.

In almost every instance the court fails to adhere to the requirements of the CA legislature.The scope of discretion always resides in the particular law being applied by the court, i.e., in the `”legalprinciples governing the subject of [the] action ….”‘” (Nakamura v. Parker (2007) 156 Cal.App.4th 327, 337 [67 Cal.Rptr.3d 286], citing City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1297 [255Cal.Rptr. 704] and County of Yolo v. Garcia (1993) 20 Cal.App.4th 1771, 1778 [25 Cal.Rptr.2d…

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