How Can a Father Get Full Custody of His Child in California?

In California family law, fathers have equal legal standing to mothers when seeking custody of their children. The outdated notion that mothers are automatically favored in custody cases no longer applies. Today, California courts are guided by the best interests of the child, not the gender of the parent.

While joint custody is the preferred outcome in most family court cases – allowing both parents to share in the child’s upbringing – this arrangement may not always be practical or appropriate. In certain circumstances, a father may pursue sole legal and physical custody, especially if there are concerns about the child’s safety, stability, or overall well-being in the care of the other parent.

At The Sands Law Group, APLC, our experienced Los Angeles family law attorneys understand the unique challenges fathers face when seeking full custody in California. In this article, we’ll explore the legal standards for custody, what evidence courts consider, and the steps a father can take to protect his parental rights and pursue sole custody when it’s in the best interest of the child.

In California, “child custody” may refer to either physical or legal custody of a child:

• Physical custody refers to where the child normally resides, with the other parent normally awarded visitation rights according to an agreed schedule.
• Legal custody refers to the power to make decisions regarding the child’s upbringing, such as matters concerning education, healthcare, and religion.

Sole physical custody means that a child lives with one parent full-time while sole legal custody means that only one parent is responsible for making decisions on behalf of the child. The other parent may retain visitation rights but does not have the right to input in decision-making.

Sole custody is the exception to the rule in California but, sometimes, there are good reasons, why a parent seeks sole custody of a child.

A father may be awarded sole custody of a child in California if it is found by the court to be in the child’s best interests, which is the most important factor when determining custody.

Proving that sole custody is in the best interests of the child can be challenging, especially without legal assistance. Judges are understandably reluctant to deviate from the shared custody “norm”, so the father must provide solid reasons supported by firm evidence.

Typically, grounds for awarding sole custody to the father in California include the following:

• Allegations of child abuse, domestic violence or neglect by the mother (backed up by police reports or other documented evidence).
• Evidence of drug or alcohol dependency problems by the mother.
• Concerns over the mother’s ability to provide a stable, secure, nurturing or supportive environment.
• Allegations of the mother’s live-in partner endangering the child’s well-being.
• False claims of child abuse by the mother against the father (intended to prevent the child from seeing the father).
• Concerns over the mother being a flight risk with the child.

Also, if the child is accustomed to spending most of the time with the father, the court may want to maintain continuity and a stable routine for the child by granting full custody to the father.

Even if the father is awarded sole custody, the mother generally retains visitation rights. If abuse or neglect are factors in the custody arrangement, supervised visitation may be ordered by the court.

Proving that the child’s interests are best served by awarding full custody to the father usually requires legal help from a seasoned child custody lawyer. Your lawyer should have experience in such cases and understand the local family court system intimately.

Besides providing evidence of a mother’s unsuitability to make decisions or care for the child, fathers can improve their chances of getting sole custody by:

• Ensuring that the home environment is clean, safe, stable, and supportive.
• Having a consistent and predictable routine at all times.
• Taking an active role in providing for the child’s needs, including education, healthcare, and extracurricular activities, such as homework and parent-teacher meetings.
• Spending as much time with the child as possible.
• Arranging a flexible work schedule that provides plenty of availability for the child, especially after school and on weekends.
• Demonstrating a collaborative attitude to the court, promoting contact between the mother and the child and a spirit of co-parenting.
• Remaining calm, cooperative, communicative, and non-confrontational with the mother.
• Keeping written records of the time spent with the child.

Note that trying to strengthen a case for sole custody by fabricating evidence against the mother is highly inadvisable. If discovered, this will count against you in court and is liable to create animosity that can damage the parenting relationship beyond repair.

Child custody cases are frequently emotionally charged. Fathers can often fret over factors that may be used against them or indicate that they are unsuitable parents to the court.

It helps to understand more about the factors that the courts consider important…

• The home environment you offer: if your home environment could risk the child’s health, safety or general well-being, it will be viewed unfavorably by the California courts.
• Your words and actions towards the child and the other parent: if you remain focused on the child’s well-being and best interests (rather than your own), your behavior cannot be used against you, no matter how the other party tries to present it.
• Your social media posts: avoid commenting on social media about your child custody case, especially angry or accusatory posts about the mother. Also, avoid posts that could bring your lifestyle into question as this could be used against you. In fact, it is best to avoid posting anything during this period.
• The child’s opinion: if the child is mature enough to express an opinion, this could be taken into account by the court and used in a custody case.
• Your work schedule and flexibility: working long hours, traveling frequently, and rarely being available to provide for the child’s needs could also count against you if you are hoping for full custody.
• Past legal issues: a criminal history may be a factor in the case if it could affect the child’s safety or well-being, depending on the nature of the crime and how long ago it occurred.
• A new partner or relationship: the court will consider the living arrangements for the child, including the people they reside with. If a new partner is considered a threat to the child’s well-being, this will count against you.

The best way to avoid any of these factors becoming an issue for you in a child custody case is to follow the advice of a seasoned and professional child custody lawyer, who will protect your father’s rights.

The family attorneys at The Sands Law Group APLC in Los Angeles can help with child custody matters. Contact us online or call 213-788-4412 today for a free case evaluation.