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Will the richer parent get custody of the child in a high asset divorce?

Best interests of the child trumps income level

California family law courts analyze child custody disputes through a lens of what is in the best interest of the child. The mother is not always the default choice of the court, neither is the higher earning father.

The court does take into consideration whether or not a mother who has been out of work is able to find stability after the separation or not. It can appear unfavorable if one parent struggles to find a place to live or sustainable income from a steady job.

However, if the mother stayed home, it is likely significant bonds formed with the children. The court is likely to take this into consideration, despite the income level of that parent.

It may be that one parent developed a substance abuse problem and/or became irresponsible as evidence of life choices (i.e. abandoning the family for a new lover, violent tempers, etc.). This is taken into consideration for the court deciding which parent would be the best fit for a child.

Agreed decisions still need court approval


Parents who decide to work out child custody, visitation and parenting plans privately are still subject to the approval of the judge. Although this can be an easier way to move child custody issues along, the state court is obligated to put the child first in final rulings. Just because one parent earns more money than the other, does not automatically mean it is the best fit for the child.

Best interests of the child trumps income level

California family law courts analyze child custody disputes through a lens of what is in the best interest of the child. The mother is not always the default choice of the court, neither is the higher earning father.

The court does take into consideration whether or not a mother who has been out of work is able to find stability after the separation or not. It can appear unfavorable if one parent struggles to find a place to live or sustainable income from a steady job.

However, if the mother stayed home, it is likely significant bonds formed with the children. The court is likely to take this into consideration, despite the income level of that parent.

It may be that one parent developed a substance abuse problem and/or became irresponsible as evidence of life choices (i.e. abandoning the family for a new lover, violent tempers, etc.). This is taken into consideration for the court deciding which parent would be the best fit for a child.

Agreed decisions still need court approval


Parents who decide to work out child custody, visitation and parenting plans privately are still subject to the approval of the judge. Although this can be an easier way to move child custody issues along, the state court is obligated to put the child first in final rulings. Just because one parent earns more money than the other, does not automatically mean it is the best fit for the child.

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