In the San Diego Family Law Courts, the best interests of the child or children are always at the forefront of any child custody matter in the mind of the Judge per CA law. Thus, if a Court issues a ruling in a custody case that does not take into consideration what is best for the child involved but instead aims to punish or reward a parent, the ruling could be overturned. This was demonstrated recently in a California custody dispute in which the father successfully appealed an award of sole custody to the mother on the grounds that it was not supported by significant evidence. If you need help protecting your parental rights, it is in your best interest to talk to a trusted San Diego child custody attorney as soon as possible.
Factual and Procedural History of the Case
It is reported that the mother and the father, who had two minor children together, were involved in a dispute over custody. The mother was arrested for child endangerment due to driving under the influence of alcohol, leading to the Court sustaining a Welfare and Institutions Code section 300 petition. The Court granted custody of the children to the father, who had to complete a parenting program and submit to drug tests.