In California custody proceedings, is a parent's wealth or mental condition a factor in making child visitation orders?
The short answer to this frequently asked question is a qualified "No". That is, if the other parent has a nicer house or drives a better car or each child has their own room or wears better clothes, this is not a factor the Court utilizes in making orders for custody and visitation. The Court will not limit visitation based on the number of rooms in your house or the particular style of clothes the children wear. The Court understands that the parties may have been a household with two incomes and now there is only one income. The Court also realizes that one parent may be receiving assistance from family (or even living with family) while the other parent may have no such help. Now, as to the qualified part, if a parent is homeless or does not have adequate housing that cannot be remedied by an issue of child support, the Court may make orders that limit visitation to day visits pending the other parent's acquisition of adequate housing. As to the issue of a parent's mental condition, a parent's mental condition in and of itself is not a basis to change custody. If you are having concerns about not being able to provide adequate housing for your children or fearful that the other parent has better access to resources, contact the Law Offices of Paul Eads today we will develop a plan to maximize your time with your child and get help acquiring the requisite resources.