Most parents in California are still under the impression that in a disagreement “Mother gets the children,” and that Dad gets “some visitation.” In reality, the California courts have altered the custody objectives lately to rebut this old stereotype.
When it comes to custody matters, the goal of the courts – as prescribed in California Family Code Sec. 3040 – is to create a plan which is in the best interests of the children, and to aim for joint legal and joint physical custody. This often means an equal timeshare with both parents (sometimes historically referred to as a “50/50 split.”)The vital implication here is that Dad has simply as many rights to equal time with the youngsters as Mom. This objective to give both moms and dads equal time with the children is just exactly what the court system thinks is in the very best interest of youngsters. Judges typically worry in their courtrooms the perks to kids of having both parents involved in their everyday lives.
The vital difference to recognize is that the “goal” of the court system is not always determinative of the final custody result. In a perfect world, after a couple splits up, both moms and dads would get along like old friends, stay in the same neighborhood, be responsible and conscientious parents, and raise their youngsters together without a solitary disagreement. Needless to say, this is not the reality we normally see.
More frequently, we see custody arrangements with varying routines, and unequal division of time between moms and dads. In some cases mothers are given main custody of the children, and other times, fathers are awarded main custody. The good news is, in the majority of cases in California, the court’s custody choices are not based upon biased choices for moms, but are based entirely on the best interest of the child, which might result in any type of many varying timeshare schedules.
In making custody decisions, the courts take numerous issues into factor to consider as they are evaluating each parent individually. The court takes this job extremely seriously, effectively putting each parent under a microscope throughout the custody process. If a court believes that both parents are similarly fit to take care of the child, and the geographic distance between the moms and dads is minimal, there is a high probability the court will try for an equal timeshare with both parents. Even if a preliminary custody order does not mirror an equal custody plan, the court’s goal is constantly to move more closer to an equal timeshare schedule as time goes by.
Custody cases are far from black and white. With the decreasing stereotype that kids belong just with their mothers, the courts are concentrating on parents as people. While this could have the unintended effect of increasing an already complex litigation process, the court’s long-term goal of joint custody and equal timeshare is a reality that both parents have to understand when facing custody disputes.
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