Granting Child Custody in California: Order of Preference

When getting a divorce, there are a significant number of different issues to consider, whether it’s living arrangements, division of property, or custody of children. In fact, the latter may be one of your most vital concerns if you and your spouse have children. Child custody is often a complex issue due to the many factors which a court considers in deciding custody of children. In California, custody decisions are usually based on California Family Code Section 3040, which states the order of preference for granting custody.

At Fischer & Van Thiel, LLP, our Oceanside custody lawyers know the ins and outs of child custody laws and devote themselves to providing you with the information and support you need during your divorce and custody settlement. Contact us today at 760-722-7646 to discuss your case with an experienced member of our legal team.

How Courts Determine Who Gets Custody

First and foremost, custody in California is determined according to the best interests of the child and will follow this order of preference:

• Both parents, if pursuing joint custody, or a single parent.
• The person with whom the child has been living, provided the environment is stable and beneficial for the child.
• Any person considered able to provide the child with a good home environment and who can give appropriate care.

It is important to note that, while a court will take this order of preference into consideration, they will almost always take the parents’ and child’s preferences into account in order to determine the living arrangement that is best for the family.

Contact Us

Nothing is more important that making sure that your child’s life isn’t unduly disrupted following a divorce. With the aid of the Oceanside custody attorneys at Fischer & Van Thiel, LLP, you can better ensure that you get your new life started off on the right foot. Call us today at 760-722-7646 to learn how we can help.