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Do California Courts Favor Fathers in Child Custody Cases?

On Behalf of | Jan 8, 2020 | Child Custody

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.