What You Need to Know About Whether Mothers Always Win Custody in California
People often have misconceptions about child custody matters, and such cases can be difficult to navigate. Here’s everything you need to know about whether mothers always win custody in California.
One of the most common misconceptions, and most frequently asked questions, when it comes to California family court is whether California favors mothers in custody disputes. Ultimately, the short answer to this question is no, California courts do not favor mothers.
What is Child Custody?
Child custody is often the first thing that’s thought of when a couple separates – whether they were ever married or not. Through a custody order issued by a California court, child custody gives parents legal rights and responsibilities in taking care of their children. There are two parts to child custody: legal and physical.
Legal custody refers to the parent who has the right to make decisions regarding the child, such as medical or educational considerations. With legal custody, parents can either be granted joint or sole custody. Parents with joint legal custody will share equally in the decision-making process, while those with sole legal custody are the only parent making the final legal decisions concerning the child.
Related: Child Custody FAQs in California
Physical custody refers to where the child resides. There is both joint and sole physical custody, as well. With joint physical custody, the parents split the time with the child in a manner the parents and the court see fit. Sole physical custody is when a child primarily resides with one parent and then may or may not have visitation with the other parent.
Are Mothers Favored?
California family law courts are required to act in a child’s best interest and to do so the judge will consider a number of issues:
- The ability of a parent to provide for a child, including job, income, etc.
- The emotional bonds between a child and each parent
- Extenuating circumstances such as criminal history, abuse, or substance abuse problems
- The geographic locations of each parent either before or contemplated after divorce
- Physical or emotional handicaps of all parties
- The needs of siblings or other family members
- The overall fitness of each parent
- As such, the judge will impartially and objectively consider each of the aforementioned factors, without favoritism toward either parent.
- Granting Custody to a Mother in California
A mother obtaining full custody in California before the final judgment requires an evaluation of the children’s best interest.
The California Best Interest Analysis is at the core of every California child custody case. The best interest analysis is a look into the children’s health, safety, education and general welfare. California’s best interest analysis is not a scientific rule and the court has wide discretion in determining what is or is not in the children’s best interests.
A mother gets full custody of children before judgment by persuading the court with facts that the father is not fit to care for the children on a frequent and regular basis.
This could be for a variety of reasons:
- The father may have a recent history of domestic violence
- The father may have a substance abuse problem
- The father, separate from any domestic violence past, may have emotionally abused the children and continues to do so
- The father may simply be unfit to care for the children because the father has never really cared for them
- The father may be a flight riskRelated: How to Win Child Custody for Mothers in California
Contact Us
If you or a loved one would like to learn more about Mothers Always Win Custody California, get your free consultation with one of our Child Custody Attorneys in California today!