Child custody and visitation are some of the toughest decisions parents must make together. Decisions have oftentimes faced dilemmas in finding the balance between their child’s best interest and the desire of both parents. A child custody order is dependent on a lot of factors, however, courts always give weight to what has always been, or what is also known as the status quo.
Overview of Child Custody Arrangements
For families with children, child custody often comes into play when couples go through a divorce or legal separation. Child custody grants a parent or parents various rights in relation to their children such as;
- The right to have a child live with them (physical custody)
- The right to make important decisions on behalf of the child (legal custody)
- Visitation rights
In most cases, one parent will be granted custodial rights, and is referred to as the “custodial parent”. The child will mainly live and spend more time with the custodial parent for a majority of the time. On the other hand, noncustodial parents generally have limited rights. Noncustodial parents will get to spend time with their children as per the visitation arrangements that have been agreed upon. For instance, noncustodial parents may have their children over the weekend or every other weekend.
What is Status Quo?
In legal terms, the “status quo” is defined as the existing state of affairs. To simply put, the status quo is essentially talking about the state of how things are in the current situation. When applying this term to the context of child custody, the status quo refers to parental arrangements both parents have to conclude before the actual child custody hearings.
For instance, in a lot of cases, the parents may have decided to live separately before the official divorce. Therefore, parents tend to create custody arrangements for themselves which will decide who the child will live with during the separation period. Before a divorce becomes final, parents usually decide on several custody issues prior to the child custody proceedings such as;
- How long each parent gets to spend with their child
- Holiday and vacation arrangements
- Which parent has the right to make important decisions on behalf of the child
How Does Status Quo Play a Role in the Court’s Determination of Child Custody?
Child custody orders that have been decided on a “presumption in favor of the status quo” essentially preserves the custody arrangements the parents had before the formal custody hearings. This typically includes the way each parent has historically cared for the children, and how their visitation and custody arrangements were done.
The decisions made around child custody matters have a primary focus on protecting the child’s best interest. Custody decisions and visitation discussions are all aimed towards assuring the child’s happiness, safety, mental health, and emotional development into young adulthood. Therefore, judges tend to favor arrangements that will maintain the child’s stability and are least affecting the child. The consideration of the status quo in child custody decisions also ensures that decisions are made by prioritizing the needs and the background of the child, rather than just focusing on the parent’s desires.
For example, if a child has already been living with one parent during the separation, the court may use factors in the status quo to preserve the current living arrangements to apply after the divorce has become finalized as well. The reason behind this is the court views that the child has already become accustomed to that arrangement. A lot of weight is placed on this factor because changes in living arrangements can potentially be disruptive for the child. Oftentimes, the consideration of the status quo is paramount in cases where the child is very young, has special needs or other requirements.
Related: What is Child Express Preference? | Child Custody California
Are There Any Exceptions to the “Status Quo” in Child Custody?
Courts are unlikely to change the status quo when the child is doing well under current child custody arrangements. Additionally, the process of going through a divorce or custody battle may have little to no effect on the status quo as long as the court views that the child is still receiving a consistent experience. However, there are a few exceptions to this. The status quo can change when courts determine that the current custody is not suited for the child. For example:
- One of the parents is abusive
- New laws on child custody arrangements have been passed in the state or area
- The current status quo is no longer suitable for the child (a parent moves or relocates)
- Evidence suggests that the child’s needs are better met by a different arrangement
Parents who are seeking to enforce current functioning status quos typically have an advantage in court. On the other hand, the parent who wishes to change the current status quo or custody arrangements will have the burden of proposing new arrangements as well as proving to the court why the current arrangement fails to serve the child’s best interest.
Exceptions to Status Quo in California
In California, there are two common exceptions to the predominating nature of the status quo:
- Temporary absence of a parent from the family residence
- Oftentimes, in most divorce cases, one parent will move out of the family home. The parent that continues to live in the current family residence will typically become the custodial parent. Generally, this will become the new status quo for the child or children living there.
- Family law courts will give an exception to the absence when it can be proven that the leave was temporary. The parent that left the family home must demonstrate that the absence was temporary and he or she has attempted to maintain custody or visitation during the absence.
Parent’s Absence Due to Military Service
The courts cannot hold or maintain a status quo against a parent whose absence was due to military service. Parents who return home after deployment may seek to restore point physical custody.
Parent’s Absence Due to Fear of Domestic Violence
This occurs when one parent is relocated from the family residence due to reasons of domestic violence or fear of harm. If a parent has moved out because living at the family home presents an imminent danger to them, courts will not view this as an abandonment of the child.
Related: California Divorce Process: A Step By Step Guide
Contact Pride Legal
If you or a loved one has been seeking child custody, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
