Separation poses a very important question to parents: Who will get custody of the kids? California Family Code states that both parents are equally entitled to the custody of their children, but custody is not always as simple as an equal division.
Family Code §3010 states, “The mother of an unemancipated minor child and the father… are equally entitled to the custody of the child.”
There is also a presumption that joint custody is in the best interest of a minor child, where the parents have agreed to joint custody. The legislature finds and declares that it is the public policy of California to assure that children have frequent and continuing contact with both parents after the parents have separated.
So if the Family Code states that each parent is equally entitled to the custody of the child and there is a presumption that joint custody is in the child’s best interest, why do we so often see unequal custodial timeshares between parents? Aside from the family code, custody is also based on a number of considerations including the age of the children, the work schedules of the parents, how involved each parent was in the child’s life prior to separation, and the best interests of the children, to name a few.
For example, if one parent during marriage was the stay-at-home parent and the child is not yet school aged, the court will be inclined to award the stay-at-home parent more custodial time as the stay-at-home parent has historically cared for the child while the other parent was working. Additionally, the working parent cannot care for the child while they are working and the court prefers the child to be with an available parent rather than in childcare. The parent that has more time available to care for the child will typically be awarded more time with the child.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 25152 Springfield Court, Suite 100 in Valencia.