Skip to content
We're Available for Remote Meetings to Safely Serve Our Clients



Do California Courts Favor Fathers in Child Custody Cases?

California divorce attorney, California family law attorney, filing for California divorce, file for divorce in california, California family law case, california divorce mediation, California child custody attorney

If you are getting divorced in California and you wonder if fathers are favored in California child custody cases, the answer is no. Statistically speaking, when courts do not favor a father in child custody cases, it is not because of their gender, but rather because the other parent was the primary caregiver of the child during the marriage.

For instance, if the wife was a stay-at-home mother, and the husband worked full time, the court will consider the situation from the child’s perspective. The same holds true if the parents were never married and the mother was acting as a single parent. The California court will do their best to keep the status quo for the child involved in the custody case. They are acutely aware that uprooting a child from their recognized structure can result in significant emotional distress.

Whenever possible, the court will go out of their way to maintain the child’s day to day schedule because it is the best way to maintain the status quo. Since keeping the status quo is almost always beneficial to the child, the court will usually focus on this goal rather than either parents’ wishes.

Fathers Can Level the Playing Field During California Child Custody Cases:

When seeking 50/50 custody, proving to the court that all things are equal supports the argument that 50/50 is the best custody decision based on statistics regarding the best outcome for the child.

When seeking sole custody, proving to the court by presenting evidence that the child would be better off in the father’s care in comparison to the mother’s care. For example, proving that you, as the father, are more capable of setting and following your child’s schedule, keeping contact with the child’s physicians or teachers, maintaining a flexible work schedule, providing the necessary structure for the child, etc. 

When the mother has been the obvious “primary caretaker” of the child during the marriage, the responsibility for showing that a change in status quo would benefit the child lies on the father. If you are getting divorced in California and you are worried about child custody, please don’t hesitate.

Get in touch with one of the experienced divorce attorneys at The Maggio Law Firm so we can assist you in preparing compelling arguments to present to the court.



Typical California Divorce Settlements and Retirement Accounts

How do typical California divorce settlements treat retirement accounts? It’s a pervasive question, and one that many Californians facing divorce need to ask. In most cases, 401(k) and pensions are…

Maggio law firm, Orange County California family law attorney, Orange County California divorce attorney,Orange County California child custody, Orange County California child custody case, restraining order and child custody, Orange County California child custody and restraining order

California Child Custody Cases and Existing Restraining Orders

Child custody cases have been known to cause even more stress, contention, and heartbreak than a divorce. Custody cases where parents were not married can be even more difficult. But…

Top Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Best Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Schedule a consultation