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What Are The Chances Of Winning A Custody Battle In California?

Updated: Dec 5, 2022

Considerations Made In Los Angeles Child Custody Claims

Child custody battles can be emotionally-charged for everyone involved. Since so much goes into it, some clients aren't sure about where they stand in these battles.


That said, how can you weigh your chances in Los Angeles? Are there things that will make it more likely for you to get favorable custody arrangements for your children?


Let's look at what our California child custody lawyers have to say:


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6 Factors That Affect Child Custody Claim Decisions In California

So, what can boost or reduce your chances of winning Child Custody claims in Los Angeles? Here are a few factors the courts will look into:

1. Your Capacity To Support The Child

The court carefully considers a parent's ability to sustain a child. Sustaining a child's financial, emotional, and physical needs is part of supporting them.


Remember, income does not factor in a parent's capacity to provide for a child. However, child support amounts are determined using each parent's income. Therefore, the desire and determination to ensure the child's requirements are satisfied in light of the family's situation can be considered supporting a child.


"Supporting" can mean maintaining a clean, safe household and fostering communication between the child and the other parent. In addition, making sure a child attends school, forms healthy routines, and has excellent habits is part of supporting them.


2. A History Of Domestic Violence And Abuse

The court will thoroughly investigate accusations of abuse or domestic violence. This is so the child will not be put in a dangerous or harmful situation by the court.


It's crucial to remember that some parents may use fabricated claims of abuse or violence as leverage in custody disputes. Please get quick legal assistance from a family law attorney in Los Angeles if you are being accused of abuse or domestic violence. You can end up losing custody of your kids and having to go through supervised visits.


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3. Your Level Of Stability


A judge could be hesitant to take a child away from a secure family, especially if doing so would put the youngster through unnecessary mental pain and anxiety. The courts, therefore, work to maintain the kids in their familiar environment. They also make an effort to minimize disruptions to the kids' schedules.


The idea is to avoid making too many changes while enabling the kids to enjoy close contact with both parents. Sometimes more so than the parents, children experience the repercussions of divorce. Thus, preserving as much stability as possible in their routines and living conditions helps lessen the divorce's adverse effects.


A judge may consider a person's participation in extracurricular activities, social engagements, sports, and other events. The parents may need to adjust the child custody and time-sharing arrangements to fit the child's schedule.


Again, child custody battles can be very complicated. It's best to contact a California divorce lawyer to make sure you stay on track and get the best outcome.


4. A Child's Preferences


A child's preference for custody may be taken into account by the judge. Compared to younger children, the choices of older, more developed youngsters may be given more weight.


While considering a child's preference when making custody decisions, judges must constantly be wary of parental manipulation. They'll be on the lookout for any sign that a child has been coerced to make a particular decision.


To "win" a custody dispute, parents may influence kids and try to alienate a child from the other parent. The effects of parental manipulation and estrangement on the child are grave.

5. Your Current Living Situation


The court also takes into account other occupants of each dwelling. For instance, moving a child away from half- or step-siblings may harm the youngster's emotional health. Likewise, the placement of a kid with a stepparent or another adult with a track record of abuse claims is also not recommended.


The judge looks closely at who lives in each home and balances the requirements and preferences of the parents with the child's best interests.


6. A History Of Substance Abuse

Living with a parent with a drinking or drug issue may not be safe for the child. Therefore, the judge may decide to grant custody to the other parent under these circumstances.

Similar to abuse and violence, a spouse may use fabricated claims of drug usage as leverage to get full custody of a child.


los angeles child custody claim

Find a Child Custody Attorney in California

1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can refer you to the best Child Custody Lawyer to handle your case. You can contact us through our 24/7 live chat (or complete our case submission form) for a free initial consultation.

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