Does the mother automatically have full custody?

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does the mother automatically have full custody

Does the Mother Automatically Have Full Custody?

No. You read that right. The mother doesn’t automatically get full custody or majority custody of the child. Courts today have evolved to take into account what’s in the best interest of the child.

The only times where courts will lean heavily toward giving the mother majority custody is when the child is an infant and still breast-feeding. Other than that, courts generally prefer an even split depending on each case.


Courts generally prefer a 2-2-3 schedule. In other words, mom gets child Monday and Tuesday nights. Dad gets child Wednesday and Thursday nights. Each weekend alternates between the parents. Very simple, very favored by the courts especially if the child is in school. If the parents live close by, even better.

So why do we still hear of these stories where the mom gets automatic custody? Who knows. But it is definitely not true. I have seen cases where the father has majority custody and even sometimes sole custody of the child. It happens more often than you might think.

One explanation is the work schedules. Traditionally, mothers were stay at home moms and could take care of the kids. Fathers would be working and have less time to take care of the children after a divorce. However, that trend is changing dramatically. More and more we seek working moms and dads both pulling their weight in work. We also see some parents who work from home and are more flexible in raising their children. As a result, we have seen a drop in the traditional schedule of the mom having majority custody.

Another explanation is the rise of domestic violence awareness. A domestic violence restraining order can really hamper your chances at obtaining custody. Now the courts are a lot more strict against this than they were ever before. The increase in reporting and enforcement causes some parents to have less time.

If you are a father and are worried that you won’t see your children after a divorce, give me a call. If you are a mother scared that you might have less time with your child, contact me. Speaking with an attorney can really make the difference.

How can I help?

The Law Offices of Levon Kevorkian is a boutique firm located in Pasadena, California handling Divorce, Child Custody, and Criminal Defense matters. Our office is located at 1055 E. Colorado Blvd. Fifth Floor, Pasadena CA 91106.

Disclaimer: This blog post, and other blog posts by me, are not meant to be legal advice. No attorney-client relationship will be formed by these blog posts.


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