One of the common questions we hear as a legal practice is whether the court favors mothers in child placement cases. In short, the court does not inherently favor the mother. However, it often works out that the mother receives the bulk of the time-sharing. The court only cares about what is in the best interests of the minor children, so it looks at several factors when determining custody. If you are navigating these complex issues, speaking with a family law attorney in Arcadia can clarify your legal standing.
Co-Parenting
In most circumstances, co-parenting is the best option so that the child benefits from the influence of both parents. However, if one parent is incarcerated, co-parenting is simply not possible. Co-parenting is also not advisable if one parent is violent toward the children or has a substance abuse problem; in such situations, consulting a domestic violence lawyer in Arcadia is crucial to protect your family. The court will opt for supervised visitation if the abusive parent wants to see their children.
Factors in Determining Custody
The court looks at several factors to determine the best custody arrangements, including but not limited to the parent who:
- Takes the child to medical appointments most of the time.
- Gets the child ready for school in the morning.
- Bathes and dresses the child.
- Changes the child if they are still in diapers.
- Both parents work schedules.
- Which parent is more likely to encourage a relationship with the other and allow the children to call, email, or visit the other.
In many cases, the mother starts with primary custody, but the father ends up with primary custody because the circumstances dictate that it is in the best interests of the children to be with their father.
The Best Custody Option
All things being equal, the best option for the children is usually 50/50 visitation if the parents’ work schedules allow it. Even if the father worked and the mother didn’t, the father still has a chance of getting primary custody or 50/50 custody if the mother returns to work.
Never think that custody options are out the window, as the court will decide once it looks at all the factors that affect child custody. Even if the mother thinks she should have primary placement, the court may rule differently, especially when a father has a strong relationship with his children. Retaining a dedicated child custody attorney in Arcadia ensures that your side of the story is properly presented to the judge.
However, because of work schedules, the best custody option for a family might be that one parent has primary custody if all other factors are equal. No law states that the mother has to have primary custody or that the father has only every other weekend.
Contact Mohajer Law Firm
If you are separating or divorcing and cannot agree with your spouse about a fair custody and visitation schedule, the court will decide for you. Should the court have to choose, you need legal representation to ensure that you have the best custody and visitation schedule that fits your family and that is in the children’s best interests.
Contact Mohajer Law Firm for a consultation if you believe separation or divorce will lead to a custody battle. Your first consultation is free.