Custody cases can be stressful and emotional. Knowing how the court looks at these decisions can help you feel more prepared. Here is an overview of child custody in California and how we can help.
Legal custody vs. physical custody
California splits custody into two parts.
- Legal custody is the right to make important decisions about your child's health, education and welfare. Examples include choosing a school, approving medical care and decisions about religion.
- Physical custody is about where your child lives and who cares for them day to day.
Each type can be "joint" (shared by both parents) or "sole" (given to one parent). Joint physical custody does not always mean an exact 50/50 split. It means both parents have significant time with the child. When one parent has sole physical custody, the other parent usually still has visitation, also called parenting time.
The best-interest standard
Every custody decision is based on what is in the child's best interest. The court does not decide custody to reward or punish a parent. Instead, it looks at things such as:
- the child's health, safety and welfare;
- any history of abuse or domestic violence;
- the nature and amount of contact the child has with each parent;
- any habitual or continual use of alcohol or drugs.
California law also favors frequent and continuing contact with both parents, when that is safe and in the child's best interest.
Older children may be able to tell the court what they want. The court considers a child's wishes, but it does not have to follow them.
Mediation and Child Custody Recommending Counseling
Before a judge decides a custody dispute, parents generally must meet with a counselor from Family Court Services. The goal is to help parents reach their own agreement.
In Los Angeles County, this process is called Child Custody Recommending Counseling. If the parents do not reach a full agreement, the counselor may make a recommendation to the judge. That is different from confidential mediation, where nothing is reported back. Because the counselor's view can carry weight, it is important to prepare before your appointment.
We can help you understand what to expect, think through a realistic schedule and focus on your child's needs during the session.
Parenting plans
A parenting plan sets out how parents will share time and decisions. A good plan is specific. It may cover:
- the regular weekly schedule;
- holidays, birthdays and school breaks;
- how and where exchanges happen;
- how parents will communicate;
- travel rules and notice requirements.
Clear plans can reduce conflict later. Vague plans often lead to arguments and more trips to court.
Move-aways
A "move-away" happens when a parent wants to relocate with a child in a way that would affect the other parent's time. These cases are often hard-fought, because a move can change a child's life a great deal.
The court looks at many factors, such as the child's age, the child's relationship with each parent, the reason for the move, the distance, and the current custody arrangement. The rules can be different depending on whether there is already a final custody order.
If you are thinking about moving, or the other parent is, talk with a lawyer before anything happens. Moving first and asking later can hurt your case.
Changing a custody order
Children grow and lives change. You can ask the court to change a custody or visitation order. If the current order is a final judgment, you usually need to show a significant change in circumstances since it was made, and that the change would serve your child's best interest. Temporary orders may be easier to change.
If there are safety concerns, such as domestic violence, the rules may be different. See our page on domestic violence restraining orders. If parentage has not been established yet, see our paternity page. You may also want to read about child support or our family law FAQs and family law overview.
Talk with a Whittier child custody lawyer
Steven Ibarra personally handles every case, and our family law paralegal, Annissa Henry, helps keep your case organized. We offer same-day appointments in person or by video and are available 24/7. Call (562) 612-7806 or contact us to schedule a consultation. Hablamos español.