Irvine, CA family law attorney Marc Garelick gives his advice to clients who are fighting for custody of their children. He explains that everyone needs to understand the custody standard in California, which is based on “frequent and continuous contact” with both parents. Most custody disputes arise when one parent is trying to limit the other parent’s custodial time. There must be a legitimate reason for such a limitation, such as drug or alcohol abuse, domestic violence, incarceration, or logistical difficulties like living too far apart or challenges with school drop-offs and exchanges.

He emphasizes that if a parent’s time is being limited, it’s important to understand why and to take steps to address those issues. For example, if a parent is accused of alcohol abuse, tools like Soberlink or regular drug testing can demonstrate sobriety to the court. If domestic violence is alleged, a parent can rebut the presumption that time should be restricted, but this requires a strong record and clear evidence.

He notes that courts look for involvement in the children’s lives, including extracurricular activities, sports, dance, or other interests, and a strong parent-child relationship. If that relationship needs strengthening, there are ways to improve it, such as working with a mental health professional, participating in co-parenting therapy, undergoing a custody evaluation, or engaging in a Child Custody Investigation (CCI).

He stresses that doing nothing is the worst approach. The court will view a disengaged parent as uninterested and uninvolved, which makes it less likely that custodial time will change. Taking proactive steps is essential to ensure the best possible outcome.