What Do Judges Look for in Child Custody Cases in California?

Dividing a child’s time with each parent following a divorce requires a parenting plan. Determining this plan can often be emotionally charged. Child custody refers to the rights and responsibilities of the parents regarding the care of their children. Many factors go into this decision, so many parents ask, “What do judges look for in child custody cases in California?”

In California, the safety and health of the child are prioritized first. There are two types of child custody: legal custody, which pertains to healthcare, education, and welfare, and physical custody, which refers to where the children live most of the time. A Carlsbad family law attorney can help you understand how the courts apply this standard and how you can influence the outcome of your case in your favor.

What Judges Look for In Child Custody Cases

This answer varies from person to person. Child custody cases can be extremely challenging. In 2023, California had over 75,000 child support-related filings. In Carlsbad and throughout San Diego County, child custody matters are handled through the Superior Court of California – North County Division, located in Vista.

The most important factor the courts examine is what is going to be best for the child. Courts look for stable, supportive, and loving home environments for the child.

Here are some items that judges look out for in child custody cases:

• Stability. California courts recognize that kids need stability. Judges prefer not to disrupt a child’s routine, if at all possible, and favor options that provide stability. Stability helps children maintain healthy relationships. If a child has been living with one parent and attending a specific school, judges could be reluctant to change that.In addition to stable and calm environments, stability also refers to basic needs being regularly met, such as getting to school on time, completing homework, and attending scheduled activities. California courts will also consider any parent’s history of substance abuse or family violence.

• Parent cooperation. Judges expect that parents put their personal differences aside for the sake of their children. Children pick up on their parents’ relationship, and it can be very damaging to them when there is discord. Judges will take note of a parent’s personal attacks or need to be seen as the “right” one.Judges will also place favor on parents who are willing to co-parent and cooperate, and if one parent is difficult or refuses to cooperate, this could have an impact on custody.
• Child’s preference. For mature children (those 14 and up), judges may ask whether they have a particular preference for which parent they want to live with. Judges want to see loving, connected, emotional bonds for the child and will place a significant amount of attention on examining a child’s relationship with each parent.

Understanding a Parenting Plan

In child custody cases, a parenting plan outlines the specifics of child custody and parenting time, also known as visitation. Until a court order is in place, both parents have equal rights to make decisions about their children’s care. A parenting plan should describe:

• How to care for the children
• Where the children will live
• When the children see each parent

California’s courts encourage custody arrangements that promote ongoing contact with both parents, so long as it supports the child’s overall well-being to do so. Depending on the circumstances of your case, this may involve joint legal custody, where both parents share decision-making responsibilities. However, in other cases, sole custody may be awarded to one parent.

The same goes for physical custody, as well. Courts may approve joint physical custody or shared arrangements that reflect each parent’s ability to maintain a stable home, or they may award sole physical custody to just one parent.

FAQ

Q: What Is a Big Mistake in a Custody Dispute?

A: The biggest mistake a parent can make in a custody dispute is when they put their personal issues above the child’s well-being and best interests. This could include speaking negatively about the other parent in front of the child, refusing co-parenting, or violating court orders. Judges look for parents who can prioritize the child’s needs above their own and support a stable, cooperative environment. Allowing conflict to interfere with the child’s well-being can hurt a parent’s credibility in court.

Q: How to Win a Child Custody Case in California?

A: The biggest factor in winning a child custody case in California is demonstrating your ability to provide your child with a loving, safe, and stable home environment. If you can provide evidence and documentation of your involvement in your child’s life, you will have a greater chance at securing custody. Having a skilled family law attorney to support and guide you can also make a big difference in the outcome of your case.

Q: How Do Courts Determine a Child’s Best Interest?

A: In California, the “best interest” of a child is a legal standard guiding all custody decisions. In practice, this means judges will focus on the factors that support the child’s health, safety, and emotional well-being over time. Judges will not favor one parent over the other, but will evaluate both arrangements to see which provides the most stability, love, and support for the child.

Q: What Factors Are Considered in Child Custody in California?

A: The factors considered in a child custody case in California include each parent’s ability to care for the child, any history of abuse or neglect, stability and continuity in the child’s life, the child’s preference, and each parent’s willingness to encourage a relationship with the other parent. Judges also look at each parent’s ability to communicate and cooperate, especially in joint custody cases. The child’s health, safety, and overall well-being will always be the court’s primary focus.

Consult With a California Child Custody Law Attorney

If you have a case involving child custody and have questions, contact the firm of Paula D. Kleinman today. We are well-versed in child custody cases and can offer our professional guidance to help you make the right next move.