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Is California a “Mother State?”

When fighting for child custody, it is important to use every legal advantage you can. You may ask your attorney what you can do when preparing for your child custody case, but it may give you peace of mind to understand how the courts approach awarding child custody.

What Does “Mother State” mean?

A “mother state” is where the mother gets preferential treatment when custody is awarded. In “mother states,” the mother is most likely to be granted sole or primary custody of their shared children.

So, Is California a Mother State?

California is not a mother state and instead does not have preferential treatment towards either parent during the custody awarding process. This means that parents begin seeking custody on the same level playing field.

What Does This Mean for Custody?

California does have a joint custody requirement to protect both parents’ rights to custody unless joint custody is not in the child’s best interests. Both parents are likely to be granted equal or near equal time-sharing of their children in their custody agreement.

For one parent to seek sole custody of their children, they will need to prove the other parent is unfit, or the child would be unsafe with the other parent. There is a high burden of proof in these cases, but parents can use the following as evidence:

  • The parent’s conviction of domestic violence in the past five years
  • Proof of substance abuse issues
  • Past abuse or neglect of the child
  • Any mental or physical health conditions in which the parent is unable to fully care for the child

If you are seeking sole custody of your child, you need an experienced child custody attorney who can fight for your best interests.

San Bernardino Child Custody Attorneys

The child custody awarding process can be difficult to navigate, especially if you pursue sole or joint custody that heavily favors yourself. Our attorneys at Law Office of Michael R. Young are well-versed in custody matters and will advocate to preserve your parental relationship with your child.

Are you beginning to navigate child custody and have questions? Call our child custody attorneys at (909) 315-4588 or contact us online to schedule an initial consultation.