Is the California Court More Likely to Award Mom or Dad with Child Custody?

Is the California court more likely to award child custody to the mother or the father? It’s a common question for parents facing divorce or preparing for a child custody battle. Most parents feel that maintaining a good relationship with their child after divorce is their top priority. Facing the future without a clear understanding of the law can leave parents with fear and doubt regarding their ability to create a post-divorce scenario that is acceptable. They aren’t sure what their parental rights are and have grave concerns about how the courts go about determining child custody. 

Do Orange County, California courts favor the mother or father in particular when it comes to child custody disputes? In answer to this loaded question, it’s helpful to consider the state’s family laws. 

Sections 3040-3049 of the California Family Code pertains to child custody. In the state of California, judges are required to follow the preferred order of custody options. They must also always consider what is in the child’s best interest before making a custody decision. 

Preferred Custody Options in California: 

1. Joint Custody Awarded to Both Parents
2. Primary Custody to One Parent: in situations where awarding primary custody to one parent over joint custody, the judge should award primary custody to the parent deemed most likely to “allow the child frequent and continuing contact with the noncustodial parent.” Legally speaking, California law does not indicate a preference for the mother or the father for primary custody. 

While the law is clear in not providing a preference for one parent over the other and offering no preferential treatment during custody matters, the question persists. If you have concerns about how the court decides on child custody, please get in touch with one of the experienced Orange County, California divorce and custody attorneys at The Maggio Law Firm today.