Puja Sachdev | November 6, 2022 | Child Custody
The topic of child custody is often a hotly contested issue in California courts, and many people believe that the courts tend to favor mothers when awarding custody. While there is no clear evidence that this is necessarily the case, certain factors may influence judges’ decisions in these matters.
Factors such as a parent’s ability to provide for the children financially and emotionally and their willingness to maintain a stable home environment can all play a role in determining who gets custody of the children. Additionally, it is important to remember that each individual case is unique, so there is no guarantee that any particular arrangement will be awarded or upheld in court.
How Do California Courts Determine Child Custody?
When determining custody, California courts must look first at what is in the best interests of the child. In the vast majority of cases, the child’s best interests include having both parents play an active role in the child’s life.
In certain situations, however, that may not be possible or may not be in the child’s best interest. If one parent is incarcerated, they clearly won’t be able to play an active role in the child’s life. Where one parent has a history of abuse or neglect, it may not be in the child’s best interest for that parent to have an active role in their life. This underscores the importance of California courts needing to take each case on its own set of facts.
Courts also consider the type of relationship that the parents have with their child. If a parent already has an active role in the child’s life, a court is not likely to take that away.
Another important consideration for California judges when making child custody decisions is each parent’s ability to meet their child’s needs emotionally and physically. Factors such as income level, employment status, housing situation, and mental health can all play a role in how likely a parent will be able to provide for their child’s needs on a daily basis.
Judges often take these factors into account when deciding what type of custody arrangement would be best for the child – whether it involves sole or joint custody arrangements with one or both parents.
Sole vs. Joint Custody in California
One of the main differences between sole and joint custody is that with sole custody, only one parent has custody of the child, while with joint custody, both parents share custody. This can significantly impact a child’s life, as they may be forced to spend time living away from one parent to be with the other.
Another key difference between these two types of custody is how they are awarded. In general, courts will often award sole custody to the parent who has been taking care of the child on a day-to-day basis. This could be because they are the primary caregiver or because they have provided stability and consistency for the child, which can be especially important during times of transition or upheaval. This award does often fall on the mother’s shoulders.
This doesn’t mean fathers are left out. As a father, it can be frustrating to think that courts in California seem to favor mothers when awarding child custody. However, there are a number of things that you can do to improve your chances and ultimately prevail in court.
One important thing to consider is your relationship with your children. If you have a strong bond and are actively involved in their lives, this will help convince the court that you are an equally capable parent who deserves custody. You should also focus on being a stable presence in their lives, ensuring that you can provide consistent care for them and meet all of their needs.
Another important factor is your financial situation. Courts may be more likely to award custody to a mother if she is the primary breadwinner or has more resources available than the father. Therefore, you should strive to build up your own financial stability by seeking out stable employment or other sources of income, as well as being frugal with your spending and saving for emergencies.
Speak To a San Diego Family Law Attorney If You Need Help With a Child Custody Matter
If you’re battling for custody of your child, you deserve experienced and aggressive legal advocacy. Speak with trusted legal counsel in San Diego, California. Contact an experienced San Diego child custody lawyer for assistance.
Contact Our Child Custody Law Firm in San Diego, CA
Contact our experienced San Diego child custody lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
