When parents separate or divorce, one of the most pressing concerns is custody. Many parents walk into a consultation asking the same question: Who is going to get custody of the children?
In California, the answer is not based on gender, income, or who filed first. Custody decisions are based on one central principle: the best interest of the child.
At the Law Office of Stuart E. Bruers, based in Torrance and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help parents understand how courts approach custody and what factors truly matter.
The Difference Between Legal and Physical Custody
California recognizes two types of custody:
- Legal custody refers to decision-making authority over major issues such as education, healthcare, and religious upbringing.
- Physical custody refers to where the child lives and how parenting time is divided.
Many parents are surprised to learn that joint legal custody is very common, even when physical custody is not evenly split. Courts often believe that children benefit from both parents participating in major life decisions.
The “Best Interest of the Child” Standard
Judges evaluate several factors when determining custody, including:
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The child’s health, safety, and welfare
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Each parent’s history of caregiving
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The child’s relationship with each parent
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Any history of domestic violence
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The ability of parents to co-parent
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Stability and continuity in the child’s life
Contrary to common myths, courts in Torrance, Long Beach, Pasadena, and other Los Angeles County courts do not automatically favor mothers or fathers. Over the past several decades, California family law has increasingly moved toward encouraging frequent and continuing contact with both parents, when appropriate.
Does the Child Get to Choose?
Parents often ask whether their child can decide where to live. While courts may consider a mature child’s preference, there is no automatic age where the child simply chooses. The court evaluates the child’s maturity and whether expressing a preference is in their best interest.
What About Equal Parenting Time?
Many courts in Los Angeles County begin with the idea that equal parenting time is possible if both parents are capable and involved. However, every case is fact-specific. Work schedules, distance between homes, school arrangements, and the child’s needs all play a role.
Strategic decisions early in a case—such as where the case is filed and how temporary orders are structured—can influence long-term outcomes. Having an attorney who understands local court practices can make a meaningful difference.
The Importance of Preparation
When custody is disputed, preparation matters. Judges pay attention to:
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Whether a parent is actively involved in school and medical appointments
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Communication patterns between parents
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Documentation of parenting responsibilities
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A parent’s willingness to encourage the child’s relationship with the other parent
Demonstrating stability, responsibility, and a child-focused mindset is critical.
Take the Next Step
If you are facing a custody dispute, contact the Law Office of Stuart E. Bruers today. With more than 30 years of family law experience, our firm represents parents throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities.