How Is Child Custody Decided In California?

Child custody is often associated with highly complicated and emotional moments. While there are certain cases where things go amicably, a custody battle is usually a matter of who has the right to their children, who makes the decisions for them, and who can be in their children’s lives more.

So, what does the judge look for when deciding who wins the custody case in California? Here are some of the most crucial deciding factors:

1. Each Parent’s Financial Capacity

Raising children isn’t cheap. They need to go to school, be fed, have regular visits to the pediatrician, and so on. You might have to consider emergencies and unexpected expenses, too.

So, income and financial stability play a considerable role in deciding which parent gets custody of a child in California. As the aim of a child custody claim is to make decisions in the child’s interest, judges will always consider the future children will have based on their parent’s ability to provide.

Children don’t always go to the parent with more income because any of the expenses that a parent in custody might need can be fulfilled through child support. However, having financial stability will help you in the bid for custody.

2. A Parent’s Ability To Raise The Child

Your capacity to be there in the child’s life is also crucial. For example, being able to cook them food, help them with homework, take them to school, and be there during a doctor’s visit are all critical aspects of raising a child. In other words, parental presence can significantly impact how the child grows up.

Hence, it’s not always enough that you have the money to provide; you also have the time to be there when they need you. While this doesn’t mean you should quit your job to spend as much time as possible, being available in crucial moments should be essential.

3. A Child’s Health

The courts will also examine a child’s health and consider chronic illness and disability. Some children will need more medical attention than others, and medical costs can be really expensive. Thus, there are more challenges in raising a child facing health concerns and will require more financial and emotional support.

Child custody will be considered in tandem with a parent’s capacity to support the child financially and be a caregiver when needed. For example, in some cases, judges favor a parent with lesser income but can act as a caregiver and physically aid the child at home or bring them to the doctor regularly.

4. The Child’s Preference

Legally, children 14 and up can express which parent they want to live with in a child custody case. This preference is then formally and seriously taken into account by the judge.

That said, the court always considers the child’s preference regardless of age. It is often used to reference which parent the child has the best personal relationship with.

However, they’ll still need to look for possible signs of coercion, as some children are unfortunately pressured to choose one parent or the other.

5. A Parent’s History

The court will heavily consider possible criminal history, drug abuse, and domestic abuse when choosing which parent gets full custody of a child. Even if a parent did not directly harm the child in the past (i.e., theft, drug problems, etc.), any form of criminal or abusive behavior is still considered bad for the child’s wellbeing.

As such, courts and California family law attorneys must look at each parent’s history inside and outside their parental role. An ex-spouse who claims abuse and dangerous actions will often conduct their own investigations to gather proof of the other’s inability to take custody.