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…

View original post 528 more words


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s