How can I get custody of my child?

How can I Get Custody of my Child?

A common concern for parents after divorce is who gets custody of their kids. Child custody laws in California follow the best interests of the child standard, so there’s no simple answer to the question above. As a parent, it’s critical to be aware of the guiding factors that determine custody in California. Knowing how custody is decided will help you prepare and present a positive image in court that maximizes your chances of winning custody.

In this article, we will discuss the different types of custody in California, what courts consider when granting custody, and how you can win custody of your child

The Best Interests of the Child: California’s Guiding Principle on Child Custody

While the court recognizes the right of each parent, it will prioritize the best interests of the child over fairness to parents. The judge will use a number of factors to determine the best interests of the child, including, but not limited to,

1. Primary Caregiver

   If one parent was the main caregiver during the marriage, the court may lean towards granting sole custody to that parent.

2. Relationship with Each Parent

   The child’s strong bond with either parent may result in a sole custody arrangement in favor of that parent. Alternatively, the child’s good relationship with both parents may lead to joint custody.

3. Financial Stability of Parents

   If a parent’s financial situation may lead to an unstable home, it could affect that parent’s right to custody.

4. The Child’s Health, Safety, & Well-being

   The parent who is better able to look after the child’s physical and emotional needs is likely to get sole custody.

5. Home Environment

   The court will consider whether a home is unsafe for the child. The presence of weapons, drugs, or abusive members may create unsafe home conditions for the child.

6. Alcohol and/or Drug Abuse

   The custody order may be weighed against a parent having substance abuse issues.

7. Domestic Violence

   Courts take into consideration any history of domestic violence before granting custody. If a parent has been abusive, he/she may lose custody rights.

8. The Child’s Preference

   Children aged 14 years or above can give their preference in a custody dispute, although the court will ensure their opinion is based on reasoning and not parental influence.

How do Child Custody & Visitation Work in California?

Custody is the parental right and responsibility of child care. In California, physical custody refers to where the child will live, and legal custody determines which parent has decision-making rights over education, healthcare, religion, and the overall well-being of the child.

Visitation is a term associated with physical custody, where the court grants time to the non-custodial parent to spend with the child. California law also gives visitation rights to grandparents. These visitation rights may be exercised on a regular basis (such as every weekend) or during the child’s summer break and holidays.

Custody is shared in California as per joint custody or sole custody arrangements. Joint custody means the child spends equal amounts of time with each parent, and both parents have decision-making rights. Sole custody means the child will spend the majority of time with one parent, who will also have the exclusive right to make important decisions for the child.

Types of Custody Arrangements in California

The court will evaluate a number of factors to determine which custody and visitation arrangement is in the child’s best interests. There are a number of ways the court may split custody. Here are some of the most common arrangements:

1. Joint Physical Custody & Joint Legal Custody

   The child will live equally (or nearly so) with both parents. Both parents will have equal rights to make decisions for the child and must consult and agree with each other in making these decisions.

2. Sole Physical Custody & Joint Legal Custody

   The child will live with one parent most of the time while the other parent gets visitation rights. However, both parents will have the authority to make decisions for the child and must consult and agree with each other in making these decisions.

3. Sole Physical Custody & Sole Legal Custody

   The court will grant sole physical and sole legal custody to one parent. The child will live with that parent, who will make major decisions for the child. The non-custodial parent will get visitation rights and must be informed about the decisions made for the child, without having the authority to make the final decision.

   These are just a few common custody examples in California. In California, the court may grant custody in multiple ways, depending on the facts of the case.

How to Win Custody of Your Child?

Child custody laws aren't set in stone. The judge has enough room to use his discretion in interpreting the law as per the details of the case. However, there's still a list of things you can do to make your case water-tight. These measures will increase your chances of getting custody of your child.

1. Hire a Child Custody Lawyer

Hiring an attorney who specializes in family matters is the first step you should take to win your child's custody. An experienced attorney will know the nuances that can tilt the ruling in your favor. Even if you are not looking to hire attorney services, it's still prudent to seek consultation and advice from one before you file for custody.

Custody battles can be emotionally draining, so having a child custody lawyer will make it easier to endure and come out successful.

2. Know the Child Laws in your State

Every state has different laws related to child custody, and before you enter the legal battle, it's important that you know the rules of the fight. Hiring a lawyer is great, but having a little knowledge beforehand will help you present your case better. It's also advisable to do your research on child custody, along with the course of action that your attorney advises you to take.

You can also prepare a questionnaire and consult with your attorney before each hearing date to prepare for your child custody proceedings.

3. Ensure a Child-Friendly Atmosphere

When you are trying to win custody of your child, it's important to have a safe and conducive atmosphere in your home. During physical custody hearings, the court will look into the environment you can provide for your child at home. That includes their access to basic things like food, comfort, and hygiene.

Getting these straight will enormously help your case in winning child custody.

4. Fulfill your Parenting Roles

A vital pre-conjecture that the court will look into is your ability to care for your child and be available when they need you the most. This means staying involved with your child's life and making yourself accessible to them. Taking them to a ball game, a fair, or the movies over weekends will show your involvement with your child to the judge, making your case more favorable.

Being emotionally and physically unavailable to your children can have detrimental effects on your custody battle.

5. Prepare for the Trial

From the time your hearing date is set in the court of law, having a pre-trial run with your legal team will help you prepare for the legal battle ahead. Child custody cases can be stressful, and as a parent, you have to exhibit patience and composure in the court of law to convince the judge of your character as a parent.

During the trials, you'll only get a few minutes to speak for yourself, so you'd want to go in fully prepared without leaving anything to chance. Trial prep will also help you to identify key points that should be brought to the judge's attention.

6. Be Present Throughout the Hearing

Many parents make the mistake of not attending the hearings and having their attorney make a case for them. However, this may also backfire against you in your custody case; after all, if you can't attend your child's custody hearing, the judge won't be convinced about your ability to nurture them.

You should also give thought to your appearance during the trial. Professional attire will give a positive impression to the court about your custody claim.

7. Respect the Courtroom

Although child custody matters are highly personal, you should be patient and have respect for the judge's decision. The opposition will often try to rattle you in the courtroom, but patience is key here.

Custody battles aren't decided in a couple of hearings, so you should trust your attorney to see you through the proceedings and come out on top.

When the judge gives their decision, it's important to remain calm even if their verdict is ruled against you. You can always consult your legal team for appeals.

Do Mothers & Fathers Have the Same Custody Rights in California?

California law prohibits custody determinations based on gender. Courts assess various factors to arrive at the best interests of the child to decide the most favorable custody arrangement. This means neither parent gets custody automatically in California simply based on their gender.

Can a Custody Order be Changed?

Custody decisions can be changed in California, although you must prove a significant change in circumstances and how your proposal is in the best interests of the child. A substantial change in circumstances may include:

1. Parental relocation
2. Child abuse or neglect
3. Changes in a parent’s job, income, or mental health
4. Criminal conduct
5. Safety concerns
6. Violation of the existing order
7. Alcohol or drug abuse

Get Custody of your Child with an Experienced Child Custody Attorney

Winning custody is without question the foremost desire of parents going through a divorce. Experienced legal representation can significantly improve your chances of getting custody in California. At Jos Family Law, every child custody case is handled by an experienced attorney who will craft a tailored solution per your unique circumstances.

Whether your case is amicable or contentious, we will work closely with you to find the best possible outcome that secures your child’s best interests and protects your parental rights.

Schedule a consultation with our dedicated attorneys to discuss your case and take the first step towards a happy & fulfilling life with your children.

Jos Family Law