What factors will the court consider in awarding custody of a minor child to the mother?

California, United States of America


The following excerpt is from Walker, In re, 228 Cal.App.2d 217, 39 Cal.Rptr. 243 (Cal. App. 1964):

A second factor is that respondent has a statutory rule to aid her, which the court may consider along with other evidence. Section 138 of the Civil Code establishes the standard for awarding custody of a minor child as (1) what appears to be for the best interests of the child; and (2) other things being equal, if the child is of tender years custody should be given to the mother. In Coddington v. Coddington, 210 Cal.App.2d 96, at page 100, 26 Cal.Rptr. 431, at page 433 the court said:

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