How Do the California Courts Determine Who Gets Custody of the Children?


January 29, 2022, In Child Support

At WHITMARSH FAMILY LAW, PC, our Los Angeles divorce attorney knows that when our clients have children, their physical and emotional well-being are the most important aspects of their marriage’s dissolution.

Because that is true, determining child custody becomes an integral part of the divorce proceedings.

Our family law attorney in Los Angeles understands that no one wants to give up the time they spend with their children. Unfortunately, during a divorce, parenting time must be established by the parents, or it will be ordered directly by the courts.

Here is what our clients need to know about how child custody is determined in California.

California Family Courts Focus on Both Parents Being Active in Their Children’s Lives

All divorcing parents need to know that the California family courts want both parents to be actively involved in their children’s lives.

That means they strive to reach a joint physical and legal custody arrangement that ensures that is true.

To determine whether the kids should split their time jointly and equitably between both parents, the courts will review certain factors that weigh their ability to assign a proper shared custody order to their unique circumstances.

They include the:

  • Current parenting arrangement and how much time each spends with the kids
  • Both parents’ healthy and positive relationships with each other and the children
  • Activities each parent participates in with the kids
  • Both parents’ schedules for work, travel, and commitments outside the home

Just as the family courts will review the positive aspects of each parent’s involvement in their children’s lives, they will equally weigh any evidence of instability, damaging behavior, or domestic violence that has occurred or is occurring inside the home.

If you believe your children’s safety is at risk, the courts will need proof of any harmful circumstances that will help build your case, including the other parent’s:

  • Inability to provide basic needs for the children
  • Domestic violence or sexual abuse convictions
  • Drug, alcohol, or other addiction problems
  • Abandonment, neglect, or physical abuse of the child

If harmful or abusive circumstances were a part of your marriage, your Los Angeles divorce attorney will need to know about them to ensure your kids remain safe.

Each important aspect and detail of your marriage, divorce, and how both are impacting your kids will help us pursue the best child custody outcome available for your unique circumstances.

Contact Our Skilled Los Angeles Child Custody Attorneys at WHITMARSH FAMILY LAW, PC Today

At WHITMARSH FAMILY LAW, PC, we focus on providing legal solutions that fit each of our client’s unique family dynamics, so we can empower them to take control of their divorces and pursue the best outcome available for their futures.

Contact our Los Angeles divorce and child custody attorney at WHITMARSH FAMILY LAW, PC at 310-220-0892 to schedule a free consultation today to discuss your family law needs. We can help provide solutions that produce real results.

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