Puja Sachdev | November 16, 2022 | Child Custody
California courts are not eager to award sole custody to either parent. Judges always consider what is in the best interests of the child, and more often than not, that means having both parents active in the child’s life. However, there may be circumstances where that’s not in your child’s best interest and could lead to you getting sole custody as your child’s mother.
Factors California Courts Use To Determine Child Custody
- The child’s age
- The child’s health and safety
- The wishes of the child, if they are of sufficient age and capacity to form an intelligent preference as to custody
- The nature of the child’s relationship with each parent
- Whether either parent has a history of domestic violence or abuse
- Whether either parent has a history of continual or habitual drug or alcohol abuse
Let’s examine these last two factors further. If there is domestic violence or any other sort of abuse occurring in your home, or if a parent habitually abuses drugs or alcohol, the court will take that into consideration when determining custody arrangements.
You will need to provide evidence of the abuse so that the court can see that it is happening and that it is serious enough to warrant restricting the other parent from having custody. This may come in the form of police reports, medical records, or testimony from witnesses who have seen the abuse or drug use take place.
It is important to note that even if there isn’t any sort of abuse going on in your home, if your child’s other parent has a history of violence or abuse, that will also be taken into consideration by the court.
If you can prove to a judge that your child’s other parent is unfit for custody, that doesn’t mean they will be removed from your child’s life. They may get limited custody or visitation rights that you must adhere to, or you risk violating the terms of the court order.
Proving You Are Fit for Sole Custody of Your Child in San Diego, CA
You may also need to show that you are fit for sole custody of your child. This may mean providing evidence that you have been the primary caretaker up until this point or showing that you have a more stable home life than the other parent. You will also need to demonstrate that you are willing and able to provide for your child’s physical and emotional needs.
Courts may also grant you sole custody if your child’s father is unable to participate in a joint custody arrangement. If they are incarcerated, live out of state, or there is any other legitimate reason for a judge to deny them custody, they may do so. However, be aware that custody arrangements can be changed.
Speak With a San Diego Family Law Attorney Today Regarding Child Custody
If you’re battling for custody of your child, you deserve experienced and aggressive legal advocacy. Speak with trusted legal counsel in San Diego, California regarding your child custody matter.
A San Diego child custody lawyer will advise you regarding your rights and help you determine whether sole custody is an option for you and your family. If so, they’ll help you prove the elements of your case to ensure that your child is safe and protected.
Contact Our Child Custody Law Firm in San Diego, CA
Sachdev Legal Group, APC
2851 Camino del Rio S #430
San Diego, CA 92108