What California Judges Consider in Child Custody Cases

In California, courts do not automatically favor one parent over the other in custody disputes, but rather they look at the situation as a whole and determine what is in the child’s best interest. While no single item determines a judge’s decision on custody, they often look at factors including the health and safety of the child, the child’s relationship with each parent, and history of abuse, substance problems, or neglect. 

California courts offer a self-help guide to help those going through child custody battles better understand their rights as a parent. One of the most effective ways to ensure your parental rights are protected is to work with a knowledgeable Sherman Oaks child custody attorney. Their experience can help you secure a fair outcome that helps create the best situation possible for your child. 

The Child’s Best Interests Guide Every Custody Decision

Every family has a unique dynamic, and that must be considered when looking at developing a parenting plan in California. Oftentimes, parents can outline their own parenting plan before meeting with a judge. This generally covers custody, living arrangements, decision-making, and finances. This process begins with creating a parenting plan and filing it with the courts.

Not every family can agree on their own. This is where a judge often steps in and makes decisions that they believe will be the best for your child. These decisions become legally binding, and both parties must abide by the ruling. 

You know your child best, so it is often best if you and your co-parent can come to mutual agreements on as much as possible. However, if that cannot happen, the courts can step in and make decisions on your behalf. 

The Factors Judges Commonly Evaluate

Judges look at a multitude of factors when determining what situation is in the child’s best interest. While parents must show they can meet basic needs such as providing a safe environment, meeting nutritional needs, providing stable housing, and demonstrating that they understand and can execute basic caretaking tasks, courts also look at other factors. These often include:

• Supporting the child’s emotional development
• Demonstrating consistent involvement in the child’s life

• The bond between the child and each parent
• Relationships with siblings and other important family members
• Maintaining continuity in the child’s routine whenever possible

• Each parent’s willingness to cooperate in a parenting plan
• Encouraging a healthy relationship between the child and the other parent
• Ability to resolve disagreements with the co-parent

When facing a custody battle, one of the best things you can do to help your case is demonstrate that you can put your own disagreements with your co-parent aside to create the most supportive and stable environment for your child. 

What Judges Generally Do Not Base Custody Decisions On

There are many common misconceptions regarding what factors are taken into account when judges make decisions regarding custody. A parent’s gender does not determine whether or not they get custody. Additionally, the parent who earns more money does not automatically get custody. 

Many people also believe that they will be punished if they are the ones who initiated the separation or if there are personal disagreements between parents. As long as these factors do not affect your child, they are rarely grounds for losing custody or parental rights. Speaking with an experienced lawyer can help you to solidify your case, giving you the best possible opportunity for a fair custody decision.