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How can I argue my case for custody?

Arguing for child custody can be quite a bit more difficult than it sounds. Very often, a parent's grounds for requesting custody are irrelevant in the eyes of the family court. The family courts have historically awarded child custody based on a "best interest" model. Fortunately, parents may also be able to use this model to support their case for child custody.

The best interest model generally accepted by most family courts considers many factors when determining child custody. One of the main considerations may be which parent has been the primary caretaker. While a stay-at-home parent may not be able to request full custody simply based on their role as primary caretaker, it can help his or her case.

A child's extended family and community involvement are also heavily considered when determining custody. If, for example, one parent spends the majority of their time working, commuting or lives in a different area, a case may be made that their schedule does not lend itself well to nurturing a child's current relationships or community involvement.

Home environment and stability are also heavily considered when determining child custody. One parent's erratic schedule may be grounds for arguing a change or modification in custody. In the event a child is older, they may also be able to express their wishes to a family court. If an older child experiences a struggle with one parent's lifestyle, schedule or other family members, they may be able to offer additional evidence as to why a change in custody is necessary.

Barring any major issues like physical abuse, drug or alcohol use, or mental or physical limitations, an argument for custody may still be made by offering evidence that supports the family court's best interest of the child model. Working with a family law attorney may be able to better help parents organize and deliver a convincing and supported argument for child custody.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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