How is Child Custody Determined in California?

The method of determining child custody during a divorce tends to vary by state, but in spite of their individual details all states rely on a general principle that makes them, for the most part, fairly predictable. If you’re in the midst of, or anticipating involvement in, disputes over child custody in California, it’s wise to know the general model used in the United States as a whole to determine custody, as well as small nuances unique to California law itself.

Determining the Primary Caregiver

The main thing of which to be aware is the fact that any custody decision in California is made based on what those involved feel are the best interests of the child. Many parents believe this dogma incorporates financial health, but in fact, financial stability, employment or lack thereof, etc., are considered separately from custody, and become much more important later during child support hearings.

The custody decision in California is typically made based on which parent, according to the court, is the “primary caregiver” of the child. This may be an ambiguous place, with subtle inferences such as which parent is home when the child gets back from school. Which parent the child would go to if in trouble is also important, as is the opinion of which parent will provide a more stable, loving home for the child.

Exploring Joint Custody

Of course, many parents are stable and loving, and sometimes the issue – if one can call something so positive an “issue” – is that both parents are equally stable, loving, and capable of offering the child a home. In a situation like that, the majority of custody courts in California will turn to what is known as joint custody, where the parents share the child more or less equally between them – making allowances for their schedules as well as the schooling, happiness, and comfort of the child.

While the laws in California run along all of the aforementioned lines, there are a few unique distinctions. In California, a law exists which encourages judges to award joint legal custody whenever possible. Under this law, even if the parent is not able to share equal time with the child, both parents are legally able to involve themselves in decisions about the child’s education, medical care, religious training, and more. In other words, the parents are highly encouraged by the California courts to jointly raise the child, and the court will back up this encouragement with law whenever it seems wise.

Getting Help

Child custody hearings can be complex, but whether you live in California or any other state, your area will have a few specific guidelines unique to its court system. Get yourself a qualified attorney to help you prove your case, and as you move forward you must remind yourself of the most important rule of all: that the child’s interests are the reason for, and main focus of, the decision to come.

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