I am a father asking for 50/50 custody and my ex is asking for 100%, will the court favor her because she is the mother?

Awarding full custody to a mother does not happen just because she is the children's mother. And her assertion that the children need just one place to call home depends on their ages. For instance, her argument would probably carry more weight if your children are 3 or less years old. The older the child, the more likely the court is to view them as able to benefit from 50/50. In addition, each judge has their own viewpoint on this issue. Consult with a local attorney and get some "insider" information; it's well worth hiring an attorney to assist you since your children are the most important issues in your divorce. And most importantly, maintain a journal of all the time you spend with your children. There is a propensity for the judge to favor the status quo, which means they will often order what unofficial visitation plan the parents already have in place. If you want a 50/50 order, arrange with your ex to spend as much time as possible with the children -- keep them over a full weekend, take them on a week-long vacation, spend time with them in their classrooms. Take lots of pictures! Save cards and notes they send you so if this goes to court, you have actual evidence other than your testimony that can show the judge the close relationship you have with your children. This definitely sounds like a child support issue, because by her actions, she is showing you that what is best for the children is to be with each of you half the time. Yet her words tell you they should be with her. Of course, the less time they spend with you, the more you will pay her for child support. Consult a local, experienced attorney at once.

The court will primarily look at what is in the best interests of the children. It is usually in their best interest to have two committed parents raising them. Based on the facts you have given, 50-50 sounds like a realistic possibility. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

The California Family Law Court will not favor your ex because she is the mother. Family Code Section 3040(a)(1) specifically prohibits prefering a parent as custodial parent because of that parent's gender. Also, California has abolished the tender years presumption law which would favor custody to mothers to allow for mother-child bonding. It is the public policy of the State to ensure minor children frequent and continuing contact with both parents after a divorce. Thus, your wife's 100% custody request is not realistic. A standard visitation order for the non-custodial parent is about 28% of time which is usually allocated as alternating weekends from Fridays to Sundays plus half of holidays. It appears you already have a 50% custodial time arrangement "de facto" or in fact without a court order. Assuming it is practicable given work schedules, distance, inconvenience to children, and other factors, the court is likely to want to maintain the current schedule as the "status quo" and as being in the children's best interest. Your case will be stronger if you have maintained that schedule for a long time and the children have thrived under it.