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October 2, 2025 17 mins

Episode Summary: When parents face custody disputes, one of the most pressing questions is: what do judges actually look for when making decisions? In this episode, Ellie Sweeney explains how California courts approach custody, what “the best interest of the child” really means, and which factors matter most. She also clears up common misconceptions, highlights mistakes parents should avoid, and shares practical strategies to help parents protect their rights while keeping their children’s well-being at the center.

Key Timestamps:

01:15 – The guiding principle in all custody decisions: best interest of the child 03:00 – Legal vs. physical custody explained 05:10 – Key factors judges actually weigh in custody cases 07:40 – Misconceptions: what courts don’t prioritize 09:20 – Why co-parenting behavior is critical to custody outcomes 12:15 – How text messages and social media posts end up in court 14:10 – The role of a child’s preference and the age threshold in California 16:20 – Substance abuse vs. emotional instability: how courts handle each 18:30 – The biggest mistakes parents make during custody disputes 20:15 – Modifying custody as children grow and circumstances evolve

About the Show: Your Rights, Your Voice: Family Law Clarity with Ellie Sweeney is a podcast dedicated to helping Californians navigate divorce, custody, and family court with confidence. Hosted by attorney Ellie Sweeney, each episode breaks down complex family law issues with clarity, compassion, and practical advice, empowering clients to protect their rights and their families.

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