What hurts a custody case, and what mistakes should parents avoid?

What the law says

Family Code section 3011(a) requires the judge to consider the child’s health, safety, and welfare, any history of abuse, the nature and amount of contact with both parents, and “The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent.” Section 3040(a)(1) has the court consider “which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.”

False accusations carry their own consequences. Under section 3027.1(a), if an accusation of child abuse or neglect made during a custody case “is false and the person making the accusation knew it to be false at the time the accusation was made,” the court may impose money sanctions. Under section 3027.5(b), the court may order supervised visitation or limit custody or visitation if it finds substantial evidence that a parent, intending to interfere with the other parent’s contact, made a report of child sexual abuse the parent knew was false, but only after finding the limit necessary to protect the child’s health, safety, and welfare and considering the policy of frequent and continuing contact with both parents. Section 3027.5(a) says a parent’s custody or visitation may not be limited solely because the parent lawfully reported suspected sexual abuse of the child.

Some things the law says not to count against you. Under section 3046(a), a short absence or move away from the family home is not a factor if you showed an interest in keeping custody or visitation, kept up, or tried to keep up, regular contact, and showed no intent to abandon the child, and neither is leaving because of actual or threatened domestic violence by the other party; section 3046(c) excludes a parent under certain restraining orders and a parent who abandons a child. Section 3046(b): “The court may consider attempts by one party to interfere with the other party’s regular contact with the child in determining if the party has satisfied the requirements of subdivision (a).”

• Family Code section 3011 (leginfo.legislature.ca.gov)
• Family Code section 3040 (leginfo.legislature.ca.gov)
• Family Code section 3027.1 (leginfo.legislature.ca.gov)
• Family Code section 3027.5 (leginfo.legislature.ca.gov)
• Family Code section 3046 (leginfo.legislature.ca.gov)

What to do next

Follow the current order, and keep your messages to the other parent civil and about the child. The courts’ self-help page on custody orders advises: “Keep a record of any communications, like texts and emails.” Put concerns in your declaration as dated facts, with records attached.

• California Courts self-help: enforce a custody order
• Keep co-parenting messages judge-ready
• Common mistakes filing custody paperwork
• What does a California judge look at when deciding custody?
• How to write your declaration