Whenever the court makes a decision in a child custody case—or any case involving children—they act in the best interests of the child. Not all sides will agree with the decision, but whenever you approach such a case, remember that the court thinks in this way. This may help you strategize in building your case, although assistance from an attorney is key in presenting your argument. It is also important to remember to avoid the mudslinging that is unfortunately common in divorce cases, unless, of course, it is necessary to prevent an ill-suited parent from obtaining custody.

Many fathers have long proven that they are capable, loving parents with their children’s best interests at heart. But a lot of dads worry that the judge won’t care about their fatherly efforts when deciding the winner of a custody battle. Some worry that the belief that children need their mother more than they need their father, or that mothers bond more with the child, will haunt them in their case. Unfortunately, this may hold true for some dads, although most are given visitation rights that allow them to see the child on weekends, a day during the week, and on holidays or during summer vacation.

But today more judges are favoring joint custody agreements as long as both parents are considered fit and capable of providing for the child. More see the benefit to having both parents in the child’s life, allowing dads to spend more time with their children aside from the weekends and holidays they were often granted in the past. This may also be a good way to avoid the child support argument, as long as both parents are equally capable of providing and spend an equal amount of time with the child.

If one parent is unfit, whether the mother or the father, the other side must present evidence like police records, hospital records, etc. demonstrating as much. Witness testimony may be presented in some cases. If such a case exists in which the mother is deemed unfit, the father will likely be granted sole custody as long as the evidence is legitimate and fair.

One of the hardest and most contentious parts of a divorce is child custody and visitation. Parents need to understand their rights and responsibilities when it comes to child custody and visitation.

The most important issue to remember when going through a custody case is that courts are concerned with the best interest of the children. Thus, Orange County courts deciding cases for Irvine residents will look at all of the facts in a custody dispute in order to decide what is in the interest of a minor child.

However, a parent should understand that he or she has rights to have custody of his or her child. The actual custody schedule, however, will be determined by the court if the parents cannot reach an agreement.

While the most individuals assume that courts in California prefer mothers in custody cases, it is the goal of California that the child have as much time with both parents as possible. But it is necessary for parents to understand that the interests of the child come before that of the parents.

For more information regarding parents rights, contact one of our attorneys at 800-589-9901 or at info@dieferlaw.com.