(Riverside and San Bernardino County Custody Cases)
Custody cases involving infants and very young children are often some of the most emotional and difficult disputes in family court. Parents frequently assume that the law favors one parent over the other when children are very young. Years ago, that was often true.
Historically, courts relied on what was commonly referred to as the “tender years doctrine,” which generally favored mothers when children were infants or very young. That is no longer the law in California, and it is no longer consistent with modern thinking regarding child development and parenting.
Today, courts in Riverside and San Bernardino County begin from the principle that, absent issues of detriment, children benefit from having meaningful relationships with both parents.
California no longer recognizes a presumption that young children should primarily remain with their mothers simply because of the child’s age.
Instead, custody decisions are governed by the best interest of the child under Family Code section 3011 and the policy favoring frequent and continuing contact with both parents under Family Code section 3020.
That does not mean parenting time will necessarily be equal with infants or toddlers. It does mean the court is generally looking for ways to allow both parents to remain actively involved in the child’s life from an early stage.
With very young children, courts often focus less on long visitation periods and more on frequency and consistency of contact.
For infants and toddlers, it is common to see schedules involving:
The reasoning is developmental. Young children benefit from:
The court is attempting to build and maintain secure relationships with each parent during an important stage of development.
In cases involving very young children, judges frequently look at:
This includes practical issues such as:
The court is not simply evaluating who has historically done more parenting. It is also considering whether both parents are capable of developing and maintaining strong parental bonds moving forward.
Modern custody courts increasingly expect both parents to share in the realities of raising young children.
That includes:
The idea that one parent is automatically more suited to parenting an infant is generally inconsistent with how courts now approach these cases.
Because younger-child schedules often require frequent exchanges and communication, these cases typically require a significant amount of co-parenting.
Courts in Riverside and San Bernardino County often look closely at:
Where co-parenting difficulties exist, the court may order:
In many cases, it is beneficial for parents to complete parenting or co-parenting classes before attending CCRC.
In Riverside and San Bernardino County, custody disputes involving young children are generally referred to Child Custody Recommending Counseling (CCRC) before the court hearing.
The counselor will evaluate:
Because the counselor makes a recommendation to the court, preparation for CCRC can significantly affect the outcome.
One of the realities of custody cases involving infants and toddlers is that there is no single schedule that works in every situation.
The court is attempting to balance:
That analysis is highly fact-specific.
Many parents enter custody disputes believing there is a “correct” legal answer for young children. In reality, these cases are often about helping parents develop workable parenting structures during a demanding stage of life.
Babies do not come with an instruction manual, and courts recognize that parenting young children requires flexibility, patience, and cooperation.
The cases that tend to be most successful are those where parents remain focused on:
Custody disputes involving infants and very young children require careful attention to developmental issues, parenting schedules, and co-parenting dynamics.
If you are dealing with:
it is important to approach the case strategically and with a realistic understanding of how courts evaluate these issues.
The Law Offices of Edgar & Dow bring years—and decades—of experience handling custody matters in Riverside and San Bernardino County.
Contact our office to schedule a consultation and discuss your situation.
No. California no longer follows the “tender years doctrine,” which historically favored mothers of young children. Courts now focus on the child’s best interest and maintaining meaningful relationships with both parents.
Courts often use schedules involving shorter but more frequent parenting periods to help younger children maintain consistent contact with both parents.
Yes. Courts generally expect both parents to participate in parenting young children absent issues of detriment or safety concerns.
Yes. Judges often evaluate bonding, attachment, continuity of care, and each parent’s involvement in the child’s day-to-day routine.
CCRC is Child Custody Recommending Counseling. In Riverside and San Bernardino County, the counselor makes a recommendation to the judge regarding custody and visitation before the hearing.
In many cases, yes. Parenting and co-parenting classes can help parents communicate more effectively and demonstrate a willingness to focus on the child’s best interest.
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