What Do Judges Look for in Child Custody Cases?

Child custody is one of the most crucial issues that come up during a divorce case. Both parents want to do what’s right for the child, while maintaining their access and ability to make important decisions.

In California, the most important thing for any judge will always be the best interests of the child. Read on to learn more about some of the things judges look for in child custody cases. 

Factors That Determine Child Custody

In California—as well as any other state—the court will consider the child’s best interests as its top priority when making a decision on custody. 

What exactly are the child’s best interests? In reality, it can depend on a variety of different factors. Although it’s true that a fair amount of a judge’s subjective reasoning may go into the decision, some of the things they will consider when deciding on the issue of custody include:

• The Child’s Preference – While this is the case in divorces involving older children—teenagers mostly—it’s important to note that child preference likely won’t be a factor in cases of very young children.
• The Age of the Children – In the past, it was seen as advantageous to grant the custody of younger children to the mother, although this reasoning has been critiqued for many years. Some other considerations, such as whether the mother is currently nursing the child, could make age a factor, however. 
• The Stability of the Living Situation – It’s unlikely that physical custody will be granted to a parent whose living arrangements have been greatly affected in the divorce. Sometimes a judge might grant physical custody to the parent still living in the family home for the continuity of the child’s living situation. 
• Allegations of Abuse – If one of the parents is alleged or known to have abused the other or the child in any way, then custody may be granted to the other parent on a temporary or permanent basis, depending on the nature of the situation. 
• The Relationship Between the Parents – If one parent is seen as trying to sabotage the other’s right to custody, then this may lead a judge to reconsider that parent’s suitability for custody. In general, the parent seen as more cooperative will get an upper hand. 

Types of Legal Custody in California

People tend to think of custody as just the physical location of where the children live. Of course, physical custody is important, as it determines where a child can spend most of their time and with which parent. 

But legal custody is just as important for a parent. For example, a joint legal custody situation means that both parents can make important decisions for their children, such as:

• Where they study
• What they study
• Extracurricular activity 
• Sports involvement 
• Their doctor 
• And other important issues

One parent might be granted physical custody but made to share legal custody with the other parent. 

The impact of these issues underscores the importance of consulting an attorney for your custody questions to make sure that you and your child’s rights are safeguarded. 

Contact a Child Custody Lawyer

With so much on the line, why settle for anything less than a top-rated attorney? At The Law Office of Laurence J. Brock, we’ve earned a designation as family law specialists that reflects our industry-leading training and experience. 

Contact us now to find out more about how we can help with your custody dispute. Call 909-466-7661 or fill out the form below to get started now.