When determining child custody, courts make their decision based upon the best interests of the child. This video explains more about how these decisions are made.
Courts are more likely to provide custody to the parent who is most likely to maintain strong contact with the child. Although some states give default preference to the mother, many states do not include this provision. Older children are often asked to voice their own opinions about who should receive primary custody, and this testimony is taken into account.
If you are facing an upcoming custody battle, a skilled family law attorney can help you make the case that you are the best guardian for your child. To make an appointment with an attorney at Moreno Family Law, call us in San Jose at (408) 266-9011.