There are many questions that may arise from custody cases, one of the most common being, “What do judges look for in child custody cases in California?” Family court judges will consider all present factors within a family when determining what custody arrangement will be ideal for the child, as that is the foremost goal in any custody case. If you or your co-parent are considering moving away, be sure to speak with a Pasadena child relocation attorney.
Factors a Family Court Judge Will Likely Consider During Custody
During child custody proceedings, it is the duty of the judge to find an arrangement that ensures the well-being of the child or children involved, especially when it comes to young minors, as circumstances are likely to have a greater impact on them. Custody proceedings are often among the most difficult legal matters for the entire family, even when the situation is simple or amicable.
Every family’s case is different, but the judge will make every effort to consider all sides of the issue, potentially even seeking the insights of other professionals such as child psychologists. These are factors you can expect a judge to look at when evaluating what’s most appropriate for a child’s custody:
- Each parent’s mental health. Judges will look into whether either parent has a history of psychiatric problems, how they went about treating it, and if they continue to properly manage any ongoing psychological issues. Struggles with mental illness won’t indicate the parent isn’t capable of caring for their child, but avoiding or refusing treatment will likely be considered dangerous circumstances to raise a child around.
- The ability of each parent to properly care and provide for their child. This includes the stability of each parent’s source of income and living situation. Additionally, the judge will inquire about a parent’s past behaviors that speak to their ability to successfully understand their child’s needs and respond accordingly.For example, they might ask if the parent has a consistent record of fulfilling their parental duties and ensuring the welfare of their child or if the parent instead relies too heavily on the help of others, such as extended family. A judge will also consider a parent’s ability to firmly set ground rules and age-appropriate restrictions for their child when warranted.
- Whether either parent has a history of substance abuse. If a parent has displayed issues with drinking excessively, abusing prescription medications, or using illicit drugs, it can certainly influence a judge’s ruling on child custody.
- Evidence of conflict resolution and compromising with their co-parent. Family court judges often evaluate how cooperative each party was during their divorce, including if either parent was unwilling to compromise, uncommunicative, or turned every issue into an argument.
- If there have been instances of domestic violence or child abuse. Domestic violence is never tolerated by a judge, as being around any form of abuse can have significant adverse effects on the well-being of a child.This includes abuse against the child themself, which can influence a judge’s decision as well. If child protective services have been or are actively involved, there should be past records or an immediate safety plan submitted to the court.
- The relationship each parent has with the child. It’s not only important for a parent to have a positive relationship with their child but also for the parent to foster the child to have positive relationships with all parties; a judge will take note if a parent has encouraged the child to look down on the other parent.
Additionally, judges listen to any concerns the child has, including if they appear afraid or uncomfortable around either parent. It is also crucial for children to have favorable, memory-making experiences with each parent through social activities. If a parent often skips out on or avoids these social opportunities to bond with their child, the judge will take this into consideration.
FAQs
Q: What Can Be Used Against You in a Custody Battle in CA?
A: There are various factors that may be viewed as a disadvantage in your goal of getting custody or used as reasoning for why you should be allowed limited custody rights. Examples include poor or unstable living conditions or sources of income, recent or unaddressed past issues with one’s mental health and/or substance abuse, and a history of child neglect or abuse, domestic violence, or violent crimes.
Q: How Can I Win a Child Custody Case in California?
A: There’s no one way to “win” a custody battle. If your goal is to secure full/sole custody, this may be possible depending on the circumstances but never guaranteed. Many parents will have some form of joint custody or regular visitation when the child isn’t with the custodial parent. You must be willing to fight for your rights yet open to compromise, as obtaining fair access to your child, whatever that may look like, is what matters.
Q: What Are Factors Taken Into Consideration in a Custody Case?
A: During a child custody case, a family court judge will consider numerous factors, including each parent’s job, residence, mental and physical health, relationship with the child, ability to communicate and co-parent with one another, ability to adequately provide and care for their child’s needs, capability to understand their child’s concerns and respond effectively, and other factors.
Q: Which Parent Usually Benefits the Most From Custody Cases?
A: Family law in California has evolved over time to remain as gender-neutral and fair as possible, so no expectations or pre-conceptions are perpetuated concerning whether mothers or fathers are more likely to benefit the most in a custody case. While perhaps mothers have historically been given more custody rights, it’s the judge’s duty to do what is in the interests of the child, along with prioritizing their well-being and development.
Choose an Experienced Custody Attorney for Your Case
Khalaf Law Group, a family law firm in Pasadena, has assisted in numerous legal matters concerning child custody and custody orders. Our skilled custody lawyers can help with child relocation, work with you in drafting an initial custody agreement, and help you enforce and modify previous custody orders. Contact our team of legal professionals today.
