Four Things California Judges Look for in Child Custody Cases
When parents can’t agree on a parenting plan, either parent can ask a judge to decide. It’s scary to leave this important decision up to a judge. So, what are some things California judges look for in child custody cases?
The best interests of the children.
The essential thing that California courts consider in a child custody dispute is the best interest of the child. The primary considerations are the health, safety, and welfare of the children. Still, ask ten people for an opinion about a child-related decision, and you could get ten different answers. The fact is that, if two parents can’t agree on a parenting plan, judges have wide discretion to determine what’s in the best interest of the children and order a parenting plan accordingly. It’s critical for your child custody attorney to be familiar with your judge to tailor arguments and gather evidence that will most resonate with your judge.
Ability of each parent to care for the child.
California courts need to know that parents can adequately supervise and keep children safe. Are they being taken to doctors’ appointments during each parent’s time? Are they properly being administered any prescribed medications? Are there groceries on hand? Are appropriate protections in place for water safety, securing of firearms, and other dangers? And what evidence do you have of these things?
Of course, context matters, too. An infant or a toddler likely needs more structure than a teenager - think, things like morning routines, nap times, and bedtimes. For teenagers, think curfews and adequate protection from temptations in the home, like alcohol. Part of caring for children also involves facilitating a positive relationship with the other parent, when it’s safe to do so. Children who have positive relationships with both parents tend to have better emotional and psychological outcomes.
The child’s stability in school, home, and community.
California courts recognize that children need stability. They need to feel safe, secure, and cared for, with a sense of “home” in each parent’s house. This also means homework needs to get done, kids need to get to school on time, and scheduled activities need to be attended. Are the kids always late to school on one parent’s days? Are missing homework assignments racking up on one parent’s days, or missed extracurricular activities? Are they moving homes every year or every few months? Evidence can include report cards, expert testimony, housing records, and more. California courts also consider any history of family violence or substance abuse and can even order drug and alcohol testing.
Stability in a child's environment and relationships is important for their development. Stability helps children feel safe, and a child who doesn’t feel safe can’t focus on academics and fostering healthy relationships. Stability in school, home, and community helps them achieve their full potential and reduces the impact of difficulties - like divorce. For California judges, this ties directly into the children’s best interests.
How the parents interact with each other.
Judges get it: people separate because the relationship didn’t work out. That’s fine. You don’t have to be best friends. But judges do expect parents to put their personal differences aside for their kids’ benefit. Kids pick up on strife between parents, whether you realize it or not - and it’s very damaging to them. If you’re communicating with the other parent about an important parenting decision, a California judge is not going to appreciate vitriol, personal attacks, and “relitigating” the breakup. A California judge expects co-parents to communicate - and to do so respectfully and timely. If one parent doesn’t timely respond to the other parent about an important issue, that can hurt the case. If one parent needs to “win” or “be right” more than make the appropriate decision for the child, that will also hurt the case. Evidence can include text messages, communications on co-parenting apps like Talking Parents or Our Family Wizard, social media posts, and more.
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