How Courts Determine Custody

Determining child custody is often the toughest issue for all those involved in a divorce suit, including the judge who ultimately sets the limits of guardianship. A wide range of factors play into the court’s decisions, but a few key considerations are brought up in the majority of cases.

As a rule, most courts and states still prefer mom to dad when it comes to awarding custody. There may be some solid evidence in support of this bias, but the extent to which it matters will vary in every case. Most of the time, the father must show evidence of serious harmful behavior on mom’s part, such as drunk driving with the children in the car or leaving them unattended in dangerous situations.

Judges also look at how things currently stand. If the parents have been separated for a while and the child has stayed mostly with the father, most courts will want to keep things that way. They may implement shared custody on the basis of preexisting informal patterns as well.

Another thing to keep in mind involves who has played a consistent key role in the child’s daily activities, from helping her get dressed in the morning to feeding and bedtime stories. Standards of living in either potential situation are also given attention, as does economic and living-place stability.

Contact Us

If you are currently facing a custody battle, contact the San Jose family attorneys at the law office of Daniel Jensen, P.C. today by calling 408-296-4100. Our experienced team can help you understand how to make an effective case during this stressful time.