Which Parent is More Likely to Gain Child Custody During a California Divorce?

According to the U.S. Census, last year throughout the United States there were more than 13.4 million parents separated from their child’s other parent who were living with children under the age of 21.

In five out of six of those cases, the custodial parents are mothers.

At the Land Legal Group, our Los Angeles child custody lawyers understand that not all households are defined by the traditional roles of mom and dad, which is why we support our clients’ wishes to determine the best-shared parenting plans available for their children, so everyone can thrive after a separation or divorce takes place.

Your role in your children’s lives should be the determining factor in your custody agreement, and our Los Angeles County family law attorneys will ensure your rights are protected and that your involvement in your child’s life is not left to chance — or antiquated biases — going forward.

How Do California Family Courts Determine Child Custody Agreements?

Two fit parents will be evaluated to determine custody based on the best interests of the child(ren), without regard for either parent’s gender.

The good news is, that child custody agreements can be settled between the parents, and without the court’s involvement when both are willing to establish an equitable time-sharing schedule that suits their and the children’s needs.

Statistics show that when determining child custody agreements, 91% of cases do not require the family court to decide, instead:

• Both parents agree in 51% of cases that one parent should become the custodial parent
• 29% of those custody decisions are made without any assistance from the court
• 11% of those cases are determined with the assistance of a mediator

The other nine percent that involved the courts include:

• 5% of custody cases are determined after a custody evaluation
• Only 4% of custody cases require a trial before primary custody is decided

While divorce, child custody, and child support proceedings can be complex, parents typically know what is best for their children and are often able to compromise on their time-sharing responsibilities.

At the Land Legal Group, we advise all parents — even if they can decide on their custody arrangements in private — to partner with an attorney before signing any agreement, so your rights are protected now and going forward.

California Child Custody & Determining What’s Best for the Children

When deciding which parent is most likely to provide a safe and stable environment for the children, our child custody attorneys will ask a series of questions to help understand your family dynamic.

Those questions will include details about the children can include, but are not limited to:

• How old are the children?
• What is the state of the children’s physical/mental health?
• If the children are old enough to decide, which parent would they choose to live with?
• Do the children have an emotional bond with either parent?
• Will the children have to adjust to a new school? Find new friends?
• Will the children’s quality of life be diminished if move from their current home?

Others will include details about the parent’s financial, physical, and mental abilities to care for the children, which can include:

• Which parent is most financially able to provide for the children’s essential needs?
• What is the physical and mental health history of each parent?
• How likely is that parent to maintain a healthy bond between the child and the other parent?
• What are the parents’ habits – both good and bad? And how do they affect the children?

Many factors go into determining child custody and shared parenting time agreements. If you have questions about divorce and how it will affect your children, contact our experienced Los Angeles child custody attorneys at the Land Legal Group at (310) 552-3500 to schedule a consultation today.

Frequently Asked Questions about Parents Are More Likely to Gain Child Custody During a California Divorce

How Do I Pursue a Divorce in California with a Child?

If you are currently pregnant and are seeking a divorce in California, the process can be more challenging than you ever imagined. Not only are you with child, but you are navigating an emotionally overwhelming process that includes — or will include — child custody decisions. While you may want to get the divorce over with, and legally can proceed with the process the California courts will not finalize the dissolution until after the baby is born, in addition to the mandatory six-month waiting period that is required to finalize all divorce cases.

What are the Child Custody Statistics by Gender?

The research data revealed that custody awards vary in extremes from one U.S. State to the next when divided along parental gender lines. On the national average, a female parent is granted around 65% of custody time, whereas a male parent receives around 35%.

What are the California Father Custody Statistics?

According to Custody Exchange, California dads receive 32.8% of child custody time. This is why it is important to partner with a skilled Los Angeles child custody lawyer, so you can pursue the equitable parental rights you are entitled to, you can spend as much time with your kids as possible.

Does It Matter Who Files Divorce in California Child Custody Cases?

No. Whether you were the parent who filed for divorce, or if you were the parent who was served with divorce papers, you are entitled to pursue all applicable California child custody rights to your children.

Will My Kids Get a Say in Which Parent They Live With During a California Divorce?

It depends. If the California family law judge believes your child is of an age (the law does not state an actual age) where he or she understands what is happening and can make informed decisions about where he or she wants to live, the court may take the child’s preference into account. It does not mean the judge will rule in that parent’s direction, but it may be considered as part of the overall California child custody case.

Related Links:

• Can My Ex-Spouse Keep Me From Taking the Kids on a Summer Vacation?
• What Can I Do If My Spouse Is Not Responding To Divorce Papers In California?
• Can I File a Motion for Drug Testing in a California Child Custody Case?
• Leading Signs of a High-Conflict Divorce (and Why You’re Going to Need an Attorney)
• What Can I Do About My Ex Violating Our California Child Custody Agreement?
• What Type of California Divorce is Right for You?
• Balancing Work and Family Life After a Divorce