MANY parents believe that if you are a working parent, then the other non-working parent will get physical custody of the minor children automatically. This is a misperception of the law and simplifies the law too much that it trivializes it. There are many more issues that a court must look at in determining which parent will get custody of the minor child/children.
The Family Code, the law of the State of California, is full of issues that the court must consider if properly brought up by a parent in a hearing or trial. In addition, there are many case law that gives guidance and examples what the court could and could not do in a particular circumstance.
In Burchard v. Garay, the court summarizes that the court cannot draw any presumption or inference that a working parent is a less satisfactory parent or less fully committed to the care of the child.
For example, in a situation where there is a single working mother and the father remarried—– A single mother might have to entrust her child to day care or baby-sitters in order to facilitate her employment obligations. But this fact alone cannot be used as a basis for denying the mother custody on an assumption she will necessarily provide inferior care to that of the other parent who also works but can (because of remarriage) leave the child at home with a stepparent.
Moreover, a denial of custody to the single working parent is improper simply on a showing the other parent has the financial means to hire live-in help as an alternative to out-of-home day care.
In conclusion, the court recognizes that parents must work in order to survive. However, this fact must not be used against a parent. It is very important that when you have a custody hearing or a custody litigation, you must prepare yourself by providing the court case law as to what it can or what it cannot do in your particular circumstances. This is the lawyering part. A lawyer will be able to distinguish your case and present to the court what could persuade the court to do. It is arguing your case in front of a judge and persuading your case to a judge to go your way.
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Ethelene F. Salas, Esq. is a practicing family law attorney. Ms. Salas is a Filipino-American born in the Philippines, raised in the United States, and speaks Tagalog fluently. The Law Offices of Ethelene F. Salas is located at two locations – the main office at 100 N. Barranca St., Suite 700, West Covina, CA 91791 and affiliated offices at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703. To schedule an appointment with her, please call (626) 858-4646 or visit www.EFS-Law.com.
