How does the court decide which parent should have primary custody?

The court decides who will have primary custody in California, based on what is in the best interests of the child. This includes taking into account the relationship the child has with each parent, the physical and mental health of each parent, and the ability of each parent to provide for the child’s physical, emotional, educational and spiritual needs. The court must also consider if there is a history of domestic violence within the family. In these cases, if there is proof that the accusing parent can provide a safe and secure home for the child, then the court may award primary custody to that parent. On the other hand, if the accused parent can provide a safe and stable environment and there is no history of domestic violence, then the court may give both parents joint-custody. In general, the court will also look at the ability of each parent to meet the child’s physical and emotional needs, ability to communicate and cooperate with each other, the moral fitness of each parent, and the child’s preference. In the end, the court will make its decision based on what is in the best interest of the child.

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How does the court decide which parent should have primary custody?

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