The court is responsible for protecting the children’s well-being, even if doing so conflicts with the wishes of either or both of the parents. Often the children have no representation in the courtroom, so the Judge must use his or her knowledge and experience to determine what is best for the children.
To that end, the court relies on evidence about the parents and the children in an attempt make orders that cause the least disruption in the children’s life.
The California statutory scheme requires parents to go through some kind of court approved mediation, before litigation, in an effort to minimize the traumatic impact on all involved, especially the children.
Not uncommonly, a forensic psychologist is appointed to help assist the Court in making an informed decision on the proper placement of the children. Occasionally, when the children’s interests are divergent from the parents’ interests, the court will appoint independent counsel to represent the minor children.
Generally, there are two types of custody: Legal and Physical. Legal Custody in Orange County involves responsibility for major decisions that effect the children’s lives. Examples include decisions related to the health, education, general welfare, and/or religious upbringing of the children. California has a preference for joint (shared) Legal Custody of the children, whenever possible.