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Do Mothers Have Any Advantage in Child Custody Cases?

On Behalf of | Sep 22, 2020 | Child Custody and Visitation

We are often asked “Do mothers have any 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 during the process of a divorce 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, as if mothers have any advantage in child custody or divorce cases.

The divorce and family law attorneys at Burke & Domercq have decades of experience before North County and San Diego 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, domestic 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.

If mothers have any advantage in child custody cases it may be based upon care taking prior to the divorce.  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 Court will listen to a child’s perspective, and this may also have an impact on the Judge’s ultimate decision in your case.

The Certified Family Law Specialists at Burke & Domercq work with our clients regardless of gender to understand their goals. We employ our legal skill and experience to pursue those objectives while seeking the best possible outcome in the case.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.