Like most good parents in California and beyond, your children’s best interests are always one of your highest priorities. When you decided to divorce, you logically assumed that your decision would have a significant impact on your children’s lives. You likely also believed that, with a lot of love and strong support, you’d be able to help them successfully transition to a new lifestyle. When your ex filed a lawsuit against you for child custody, you may have felt like someone pulled the rug out from under your feet.
In a perfect world, co-parents would always agree to work together for the sake of their children. In reality, post-divorce custody situations can be quite stressful, especially if one parent is trying to undermine the parental rights or parent/child relationships of the other. If you’re facing a lawsuit, there are several factors to keep in mind that the judge overseeing your case will no doubt consider before making a final decision in your case.
If you have always been the primary caretaker of your children during marriage, this will undoubtedly play to your advantage in a custody trial. The court has your children’s best interests in mind. In addition to how much time you typically spent with your children while you were married, your current (and possibly, future) schedule and income may also influence the judge’s decision.
Most California judges believe children are better off in shared child custody arrangements. However, if your ex wants sole custody, you’ll have to convince the court that it is not what is best for your kids. Leslie L. Abrigo, APC, is an experienced family law attorney who is committed to helping you protect your rights and is prepared to aggressively litigate on your behalf to that end.