Skip to Content
Claery & Hammond, LLP Claery & Hammond, LLP
Los Angeles 310-817-6904
San Diego 760-870-4900
Top

Will the Court Choose Joint or Sole Custody?

A Legal Team You Can Trust
|

Custody battles can be intense and emotional, especially among parents with younger, dependent children. Yet the courts always try to do their best to evaluate the child's best interests when determining custody.

Parental Alienation in Custody Cases

Normally, the courts will determine the preference of the child when making a decision. Because parents often know this, they may try to bribe or convince their child that they are the superior parent. This can become extremely confusing for young children and can be considered parental alienation as one parent tries to move the children away from the other. Some parents will even resort to talking negatively about their ex-spouse to achieve distaste in the children's minds.

In addition to considering the preference of each child, the court will determine the desire and ability of each parent to show an open and loving relationship between the child and the other parent. This is why parental alienation can backfire. The courts want to determine that a parent will not ostracize the children from their other parent, instead allowing the kids to develop a healthy relationship with that parent during visitations or partial custody times.

The Best Interests of the Child

The court will also consider the child's health, safety, welfare, and the nature of and contact with both parents when making this important decision. For example, if one spouse is a chain smoker then chances are that the court will not favor this parent because the smoking is bad for the child's health. If one adult works at a local nightclub as a hostess, the court may also choose to forego the custody with this parent because it puts the children in an unhealthy environment. Also, the court will consider both parent's alcohol and drug use history, as this can be a telling factor as to which adult is more reliable.


Want more information? Contact a Los Angeles family attorney at Claery & Hammond, LLP!


Contact Us Today

Put Your Case in Qualified Hands
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Featured Los Angeles Times Family Law Practitioners 

  • We Provide Unique, Tailor-Made Solutions for Each Client

  • We Offer a Free Initial Case Consultation
  • Our Team Has Over 50 Years of Combined Experience
  • Our  Attorneys Handle All Types of Family Court Issues
  • We Solely Focus on the Areas of Divorce and Family Law