Do Mothers Have an Advantage in Child Custody Cases?

We are often asked "Do mothers have an advantage in child custody decisions during a North County or Carlsbad divorce?"  California family law makes it quite clear there is no automatic bias toward either parent from the law's perspective.  There is a general perspective that mothers are awarded more parenting time than fathers, but this isn't based upon gender.  It's all about what's in the best interest of the child.

We often hear ads focused on protecting father's during a divorce, or a practice which focuses on father's rights.  The divorce and family law attorneys at Burke & Domercq have decades of experience before North County family law courts.  We represent all clients with equal passion, and neither a mother nor father nor either parent in a same sex marriage will have an advantage based upon California law.

Generally speaking California law believes it is in the best interest of a child to spend quality time with both parents, absent issues such as alcohol or drug addiction, violence or criminal activity.  The court will look at many issues when deciding issues of child custody and parenting time including the existing rhythms in the child's life.  Any child custody and parenting plan should reflect careful consideration to keeping the child's existing schedule and activities intact whenever possible.

There are a host of other factors including but not limited to the presence of siblings, existing school and extra-curricular schedules, the physical location of each parent after the divorce, historical parenting issues, the health of the parties, work hours, any form of abuse and any behavior or choices which adversely affects the best interest of the child.

Who was the primary caretaker before the divorce was filed?  Who usually picked the kids up after school or from daycare or drove them to their activities?  What is the expressed interest of the child?

The child custody and parenting time attorneys at Burke & Domercq work with our clients regardless of gender to understand their goals.  We employ our skill, expertise and experience to pursue those objectives agressively while seeking the best possible outcome in the case.

We invite you to review the recommendations of our clients, and contact us or call 760-712-3741 to schedule an appointment.