Mom holding child's hand

Do Courts Favor Mothers During Custody Cases?

During custody cases, mothers and fathers alike often question whether courts favor mothers during custody cases. Today, we're covering custody laws in California, so you understand what to expect from your custody case regardless of your parental status.

To schedule a consultation with our team and learn more about how we can help you proceed with your custody case, contact us online or via phone at (415) 650-1112.

Custody Laws in California

Under California laws, neither parent is given preference in custody cases on the basis of gender. In other words, mothers shouldn't receive any special favors during custody battles, and neither should fathers.

If either party does receive favorable treatment from the court, it could be grounds for appealing the custody case if the party who was discriminated against can prove that the court mismanaged the case based on their gender.

How Do Courts Determine Custody?

Courts look at a wide range of factors when deciding how to split custody, including:

The Child's Emotional & Physical Needs & Health

This includes any medical conditions the child has. However, it also includes other, less tangible needs, such as developing a good support network for the child or ensuring ones already in place remain set up.

For example, if a certain custody arrangement would force the child to switch schools or could disturb their friend group, the court may decide against that custody arrangement on the grounds it would be harmful to the child's physical health.

The Parent's Emotional, Physical, & Financial Wellbeing

The court will also examine how capable the parents are of providing a good life for the child. While financial wellbeing is obviously a key concern here, the physical and emotional health of the parents may also play a role. If the parent isn't healthy enough to manage their child, that could impact the case.

The Parents' Behavior Thusfar

Courts also look at how the parents have behaved leading up to the custody case. Judges take this measure to ensure that, if a parent has a record of committing behavior that could harm their child, those actions factor into the custody arrangement.

Additionally, courts may consider any other factors they consider relevant when determining custody, which is why having a skilled custody lawyer by your side is so essential.

To schedule a consultation with our team and receive the help you deserve for the custody case, contact us online or via phone at (415) 650-1112.