Child Custody in California: Preference and Bias

After filing for a divorce most clients are most concerned about the welfare of their children, including their own rights to custody and visitation. All parents love and want the best for their children.

Best Interests of the Child

The standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the "health, safety, and welfare" of the child and "frequent and continuing contact" with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California Family Code Section 3011.

Oders of Preference

According to California Family Code Section 3040 child custody should be granted in an order of preference according to the best interest of the child. First the court looks to grant child custody to both parents jointly or to either parent before looking to grant custody to other persons. California does not currently establish a preference for or against joint custody arrangements. If the parents are unable to come to an agreement on child custody and visitation it allows the California family court or California judge to make the parenting arrangement decision on a case by case basis. The decision is made based on the overall best interest of the child. If the parents are deemed unfit to have custody the court will then look to grant child custody to other persons according the the best interest of the child.

Bias Towards Mother

Courts have often been criticized as being gender-biased, since many custody awards are in the mother's favor. However, response to this criticism is the fact that historically mothers have been, and in many cases continue to be, the children's primary caregiver, so the higher number of awards to mothers is appropriate. More fathers are being awarded custody as times are changing and more fathers are becoming more actively involved in their children's care. Custody and visitation decisions involve such important considerations and impact so many lives, it is important to have the assistance of an experienced lawyer to help with the child custody decision making process.

Talk to a Lawyer for Help

With the help of an experienced child custody attorney you will be able to assert your rights and challenge custody in divorce proceedings. Please contact our office today for a free legal consultation. Understanding what is the best solution for the children and presenting it properly makes all the difference. Our practice keeps your children's best interest in mind at all times.

From the author: Orange County Child Custody and Family Lawyers

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