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Does the Court Prefer One Parent Over Another?

father and son reading a storybook

When parents go through a divorce, child custody is one of the most difficult things to deal with. Who will the child live with? How often will each parent see the child? These are tough questions to answer, and they can be even more complicated if both parents want primary custody of the child. Our child custody attorneys at Gill Law Group, PC share what parents should understand about how child custody is awarded.

Is There a Preferred Parent?

In California, the courts do not acknowledge a “preferred” parent. This means that the court does not prefer one parent over another; instead, it decides based on what is in the child's best interest.

What Factors Does the Court Consider?

Since the court awards custody based on what would be best for the child, the court will review the child and each parent’s circumstances.

Some of these factors include:

  • The relationship between the child and each parent,
  • The child's age and health,
  • The mental and physical health of each parent,
  • The mental and physical health of the child and each parent’s ability to care for the child’s needs,
  • Each parent's ability to provide a stable home environment for the child,
  • Each parent's work schedule,
  • Any substance abuse or domestic violence issues by either parent,
  • And any other special circumstances.

With no preferred parent in child custody cases, parents enter their case on a level playing field. Parents seeking custody of their children should understand that there is no set parent the child will live with primarily; instead, both parents have an equal chance of being awarded custody. Unless joint custody would harm the child, the court will usually determine that joint custody is best for the child, and custody will be split between the parents.

We Are Here For You

When seeking custody of your child, our custody attorneys at Gill Law Group, PC understand how important it is to preserve your relationship with your child. Our attorneys will advocate for your custody rights and a time-sharing agreement in your child’s best interests.

Are you seeking custody of your child? Schedule a complimentary consultationtoday by calling (888) 392-1941. We are waiting for your call!