You know what’s best for your children. Unfortunately, when it comes to divorce and child custody battles, things get messy and sometimes a judge ends up stepping in to help decide what’s best for the children. When determining custody, or considering changes to current custody arrangements, there are two general principles California courts follow:
- The health, safety, and welfare of the children are the Court of California’s primary concern.
- The courts of California believe that children benefit from frequent and continuing contact with both parents.
However, within the parameters of these two principles, there are a variety of factors that judges consider when deciding custody cases. Below are judge considerations when determining custody rights.
What the judge will not consider:
Your Gender
In California there is no presumption that a mother is entitled to the custody of her child. They look at whom the primary caregiver is, the overall health of the child, and the best interests of the child moving forward, but the sex of the parent does not matter. In fact, often the state of California presumes that joint custody is often the best solution for children.
What the judge will consider:
Your relationship with your children from birth to present date
The judge will want to know which parent has been the child’s primary caregiver—who picks the child up from school, who takes the child to the doctor and deals with special health concerns, and who primarily provides for the child. The judge will also look at the amount and quality of time each parent spends with each child. They will also consider if there have been extreme instances of fighting or contention between a parent and a child.
Previous or current status quo
If there is a predetermined custody schedule that you and your partner have been following that has been working for the children, courts will often look to that status quo as the basis for any ongoing orders. If your current arrangement has been working well, the court will want a good reason why the status quo should be changed.
Since the Courts of California agree the continuing contact with both parents is generally the best solution, courts will also consider which parent is more likely to encourage a positive relationship between the other parent and the children. Parents trying to interfere with a child’s relationship with their other parental figure are generally viewed unfavorably.
If there is any evidence of abuse or neglect
Your child’s safety is the most important factor in California. Evidence of abuse or neglect between a parent and child will almost always result in an unfavorable decision for that parent. The court of California will never intentionally place a child in a home environment that is unsafe or unsuitable.
Additional factors that determine a parent is unsafe or unsuitable
If a parent has ever been convicted of rape, murder or sexual abuse, the parent will generally be found unsafe. If a parent has ever been found guilty of abuse between their spouse, children, or any other individual, the court would prefer not to grant custody to that parent.
Drug, alcohol or substance abuse problems
If a parent has struggled or is currently struggling with a drinking or substance abuse problem and have developed habits that inhibit their ability to properly care for their children, they may have a harder time gaining custody. The courts generally look at drug convictions from the past five years, and/or evidence of frequent drug use before making a decision about custody.
Preferences of the child
The court of California usually acknowledges the parental preference of children who are considered mature enough to make sound decisions, usually around ages 12-14 and older. However, the court will consider the opinion of children who are younger than in certain circumstances.
If you have or are looking into opening a custody case, contact David Knecht Law to find out more about custody laws and rights. Mr. Knecht can help you find the path leading to the most efficient and fair resolution of your case.
