Keeping Child Custody in California
In a custody case, a judge grants an individual legal and/or physical guardianship over a child. The following are 10 tips to help an individual keep child custody in California.
California law requires that a judge make a custody order with the child’s best interests in mind; this includes deciding which parent is best to uphold the child’s well-being. Also, a judge must decide if granting custody to both parents would inflict pain and hardships on the child, or if granting custody to both parents would be in the best interests of the child.
1. Reach an Agreement Before Filing for Custody
If parents can reach a custody agreement that benefits both them and the child before attending court, the final custody order will likely be more favorable for all parties involved. If the child’s parents submit an agreement outlining custody terms, the judge may look more favorably upon both parents and consider the agreement as proof of cooperation. This will eliminate a long, ugly custody battle drawn out in court.
2. Consider Joint-Custody
In most cases, parents seeking custody rights should attempt to seek joint custody. If one or both parents try seeking sole custody, they must provide compelling evidence as to why the other parent should not be granted parental rights. Parents seeking sole custody must essentially prove that granting custody rights to the other parent would not be in the best interests of the child. Both parents attempting to gain sole custody usually leads to a long custody battle, along with exposing the child to a hostile environment. If a parent agrees to joint custody, they are most likely to be granted custody of their child, avoid the possibility of losing parental rights, and avoid placing their child in a toxic custody battle.
3. Highlight History of Caring for Child
A parent seeking to retain custody will have more success if they can show the judge proof of caring for the child and consistently acting in the child’s best interests. One way to show this would be to gather a list of people who would be willing to testify on behalf of the parent in front of a judge. These individuals would be asked to attest to the parent’s claims, as well as be used to assess whether the child would benefit the most from having that parent have custody of them.
Related: Child Custody Laws in California
4. Highlight Ability to Support Child
While financial support will be provided to a custodial parent by the noncustodial parent, it’s preferred for the custodial parent to have some financial stability. A parent will gain physical custody of a child if they can prove that their child would benefit the most from living with them. If a parent has no job or an unstable one, this does not eliminate their ability to gain custody, but it is a factor that could potentially hurt their case. If an individual does have a stable job and the other parent is the one who is financially unstable, the higher-earning parent could use the situation to their advantage by attempting to prove that the parent’s job instability will impact the child by adding instability to their life.
5. Highlight Bond with Child
A parent may retain custody rights if he or she has a significantly stronger bond with their child than the other parent does. Courts want children to live where they feel most comfortable; a child living with the parent they feel the most attached to may uphold the child’s best interests because. A parent could argue that denying their custody rights could cause emotional harm and undue stress to the child.
6. Include Child’s Wishes
A child’s wishes will usually be considered by a judge and impact their final decision. A child’s wishes may benefit one or both parents. Usually, a child will express that they want to continue seeing both parents, which can help in joint-custody cases. The child’s wishes are a crucial factor in cases where one or both parents are seeking sole custody.
Related: 9 Factors That Affect Child Custody in California
7. Prove Continuity of Normalcy
A judge will want the child to be as unaffected as possible by a custody case and will prevent uprooting the child if possible. The parent who will be able to keep the child in their same community and activities, along with ensuring that the child continues their daily routine, will have the best chance of keeping parental rights.
8. Exercise Parental Rights
It’s important that an individual spend as much time with their child as possible. This will not only prevent the kid from feeling the weight of a custody case but provide the judge with proof that they have their child’s best interests at heart.
9. Don’t Be Late for Time with Child
If a parent has been granted visitation rights during an ongoing custody battle, they must take advantage of that time. Visitation time not only allows a parent to see their child but to present themselves as a devoted, loving parent in the eyes of the court. The perception of being a loving caregiver will aid a parent in holding parental rights. If a parent is continuously late to visitation time, their likelihood of having custody rights may be negatively affected. The visiting parent can be portrayed as unreliable or not caring enough for their child.
10. Do Not Makeup Stories to Aid Your Case
Custody cases can turn into ugly battles with lies being spread. These lies can hurt the child, the people around the parents, and the parents themselves. Allegations will be assessed in court and if found to be untrue, will hurt the individual who lied, hindering their chances of having custody of their child in the future.
FAQS
Will mothers always keep child custody in California?
Physical/legal custody will be granted to the parent who best serves the interests of the child. A court will usually want the child to continue seeing their father, but it may be more difficult for a father to have their child live with them the majority of the time. However, the court does not take the parent’s sex/gender into account when making a custody order. If a father has joint custody, they still have an active role in the child’s life and can see their child when they wish without needing to request visitation.
Will a witness testimony help in a California child custody case?
A witness’ testimonial can help you retain custody rights by reinforcing claims that you have made. The best witness is someone who is unbiased and knows both you and the other parent.
What should I not do in order to win custody in court?
In order to win custody rights, you should not focus on the effects of the court order on your best interests, but rather, on your child’s best interests. A custody case should not become a battle between you and the other parent; it should be a procedure used to protect your child’s well-being. Also, you should not speak ill of the other parent, involve your child in the custody battle, or turn to substances to deal with the ongoing battle.
Contact Us
If you or a loved one needs to win custody rights in California, contact us. We’ll get you in touch with the most qualified attorney to make sure you have custody of your child in the future. Get your free consultation with one of our California Child Custody Attorneys today!