How Can You Improve Your Chances of Gaining Child Custody?

How Difficult is Gaining Custody of a Child in California?

Child custody is one of the most critical aspects of a divorce or separation–and one of the most challenging. Child custody matters are governed by the California Family Code, Division 8, Custody of Children. The courts are primarily concerned with the child’s best interests in custody decisions. They tend to favor joint custody arrangements that allow the child to have regular, frequent contact with both parents. No preference is given to either gender in custody matters. It is crucial to understand how the law works in California and to have an experienced child custody attorney represent you in child custody matters.

What Exactly Is Child Custody?

In California, child custody is defined as the rights and responsibilities of parents concerning their children. There are two types of child custody:

• Legal custody: This is the right of a parent to make important decisions on behalf of the child concerning matters such as education, healthcare, and the child’s well-being. A parent with sole legal custody is the only one who can make these important decisions. When both parents have joint legal custody, they share decision-making on behalf of the child. If they cannot agree on an important matter, such as an aspect of the child’s medical treatment, the matter may be resolved in court.
• Physical custody: This term refers to where the child lives and who is responsible for daily care. In joint physical custody arrangements, the child lives with both parents. In a sole or primary custody arrangement, the child lives with one parent most of the time and has visitation with the other parent. Visitation arrangements can be predetermined schedules with detailed dates and times when the child will be with each parent. Alternatively, parents may agree on a more flexible, reasonable visitation arrangement without predetermined dates and times.

What Factors Do the Courts Consider in Child Custody Decisions?

Among other relevant factors, California courts must consider certain factors, as outlined in the California Family Code, Section 3011, in determining the best interests of the child:

• The child’s health, safety, and welfare
• Any history of abuse by either parent
• How much and what type of contact the child has had with both parents
• Any history of substance abuse for either parent
• Each parent’s ability to care for the child
• The child’s ties to the home environment, school, and the community

Other factors may influence child custody decisions, including the following:

• Unavailability of either parent: A parent may be frequently unavailable to the child when travel is required for work, because of other work commitments, due to relocation, or for other reasons. In such a case, the court may award sole custody to the parent who can provide a more stable environment.
• Preference of the child: The court considers several factors in custody decisions, including the preference of a child who is old enough to decide (usually age 14) if he or she favors one parent, particularly if the preference is because of a more stable home environment or a better relationship. However, the decision is up to the judge, based on the child’s best interests.
• Conflict between the parents: Continuous disputes between the parents are not conducive to the child’s well-being. When a high level of conflict exists, the court may award sole custody to one parent.
• Involvement in the child’s life: One factor the courts consider is how involved each of the parents is in the child’s life. The court may favor a parent who has been the primary caregiver and more involved in the child’s life in any custody decisions.

How Common Is Sole Custody of a Child in California?

Joint custody is much more common than sole child custody in California. The preference of the courts for joint custody arrangements is based on the idea that children benefit from frequent and continuing contact, maintaining strong relationships with both parents. As the court’s primary consideration is the best interests of the child, sole custody is granted only when joint custody is not in the child’s best interests. Sole custody may be awarded to one parent if the court is convinced by evidence presented in court that issues such as substance abuse, mental health problems, a history of domestic violence or abuse, or an inability to provide a stable environment would make joint custody not in the child’s best interests.

What Steps Can You Take to Improve Your Chances of Gaining Child Custody?

The following steps and strategies may help improve your chances of gaining custody of a child:

• Understand California child custody laws: An experienced child custody lawyer can help you with this step.
• Show your fitness as a parent: Provide the child with a safe, stable, comfortable living environment and ensure basic needs are met. Establish a routine that includes regular meals, bedtimes, and school attendance. Get involved with every aspect of the child’s life.
• Document relevant data: Keep records of all communications with the other parent regarding the child’s care, preferably using emails, texts, or a parenting app. Log the time you spend with the child and keep track of all expenditures related to the child’s care.
• Demonstrate willingness to co-parent: Show a willingness to be flexible, cooperate, and encourage the child’s relationship with the other parent.
• Speak with an experienced California child custody attorney.

At Khosroabadi & Hill, we understand how much is at stake in child custody matters. Our seasoned family law attorneys can serve as dedicated advocates, helping you navigate a complex legal process. Call us today for a free consultation at 858-240-2093.