What makes a parent unfit in California?

What makes a parent unfit in California?

There are some generally accepted grounds a parent can use against the other to show they are unfit. These include abuse, neglect, domestic violence, mental illness, substance abuse, incarceration, among other factors. It’s important to understand the difference between physical and legal child custody in California.

Why would a judge not grant 50/50 custody?

With 50/50 physical custody, each parent spends an equal amount of time with the child. Since this arrangement requires a lot of cooperation between parents, judges won’t approve it unless they believe it will work and is in the child’s best interest.

Why do mothers always get custody?

Because so much modern child bearing is non-marital, and because mothers of such children are much more likely to have a substantial relationship with their children than are such fathers, mothers of children born out of wedlock are more likely to be awarded custody.

How does the judge decide who gets custody?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .

How can a mother lose custody of her child in California?

Serious neglect is proper grounds for a mother to lose custody. There is no “perfect parent” standard in the California Family Code. A mother’s serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child.

Is California a mom State?

While the unmarried mother usually has parental rights in California as a given, she may find problems with having custody and acquiring child support when not legally married to anyone in the state. If the father voluntarily provides child support for a time, he may eventually stop giving the funds at some point.