April 18, 2024, In Child Custody
Our Los Angeles family lawyer at Whitmarsh Family Law, PC, knows in California custody cases the primary consideration is the best interest of the child, rather than favoring one parent over the other based solely on their employment status.
While being a stay-at-home parent can demonstrate a significant level of involvement in the child’s life, it doesn’t automatically guarantee an advantage in custody proceedings.
Here, our Los Angeles County child custody attorney explains how the California family courts typically assess various factors when determining custody arrangements.
Working Parents vs. Stay-At-Home Parents: Who Has the Child Custody Advantage During a Divorce?
When married couples divorce, the California family courts typically assess various factors when determining custody arrangements, including each parent’s ability to provide a stable environment, their relationship with the child, the child’s preferences—if they’re old enough to express them—and any history of domestic violence or substance abuse.
The state of California has also outlined two specific guiding policies:
- Children ultimately benefit from continuous, frequent contact with both parents.
- The court’s primary concern must be for the overall health, welfare, and safety of any children involved.
In addition, the judge will seriously evaluate all potentially important factors they deem crucial to the case. This may include their working capacity.
Stay-at-home parents may have an advantage if they can demonstrate that their role as the primary caregiver has fostered a strong bond with the child and that they are capable of providing for the child’s physical, emotional, and developmental needs.
However, working parents can also be awarded custody if they can prove that they are equally capable of meeting these criteria and have been actively involved in the child’s life despite their work commitments.
Ultimately, the court’s decision will depend on the specific circumstances of each case and what arrangement is deemed to be in the child’s best interest.
Do You Have Questions About Child Custody in California? We Can Help.
Contact our skilled family law attorneys in Los Angeles County at Whitmarsh Family Law, PC by calling (310) 552-3505 to schedule a free consultation today.
We can help provide solutions that produce results.
