Understanding Child Custody in California: How Courts Decide What’s Best for Your Child
Divorce is always challenging, but if you add children into the equation, all those emotions and all that stress are amplified. Depending on your relationship with your spouse, you could also have an acrimonious custody dispute on your hands.
In the following guide, we’ll look at some key laws governing child custody in California, preparing you for what’s to come.
Types of Custody in California (Legal vs. Physical)
California law divides child custody into two categories: legal custody and physical custody.
A parent with legal custody can make decisions relating to the child’s upbringing, including which school they will attend, what kind of health services and treatments they will receive, and whether they will attend specific churches or extracurricular activities.
Legal custody can be sole, with decisions made by a single parent, or joint, with the parents deciding together.
Physical custody can also be sole or joint. It concerns where the child will live and spend most of their time. If a parent has sole custody, the child will spend most of their time with that parent while the other has visitation rights; if custody is split, the child’s time will be divided between both parents.
The “Best Interest of the Child” Standard
If parents can’t agree on custody, the courts will step in and base their decision on the best interests of the child. They’ll consider the child’s health, safety, well-being, and preferences, accounting for factors such as:
- History: Whether one or both parents have a history of abuse, neglect, domestic violence, and substance abuse that could create an unsafe environment for the child.
- Care and responsibility: How involved were the parents in the child’s life before the separation—who took them to school and medical appointments? Who was responsible for their daily care?
- Stability: How they can maintain stability for the child, and whether they’ll need to uproot the child’s life.
- Child’s preference: Which situation the child prefers (if they are old/mature enough to decide).
How California Courts Evaluate Parenting Plans
Parenting plans, also known as custody and visitation agreements, are detailed plans created at the point of separation or when a custody case is filed. They should be clear and detailed, avoiding any ambiguous language that could cause delays or create conflict.
A parenting plan will typically include:
- Primary residence and visitation schedules.
- Where the child will spend their vacations.
- Which parent will make key decisions related to health and education.
- Transport plans for getting the child to and from school and appointments.
- How the parents will communicate with one another about the child’s needs.
- Any required notice/consent prior to a parent taking the child on vacation.
If the parents agree on a parenting plan, and it’s in the child’s best interests, the court should then approve it.
Factors That Can Affect Custody Decisions
As child custody is largely determined by the child’s best interests, a history of neglect and abuse will work against a parent and may result in sole custody being assigned to the other parent.
The parents’ capacity for care is also important—if they are incapable of looking after the child and meeting their needs, they’ll have a weaker case. The judge will also consider financial stability and location to ensure a sense of continuity for the child.
Contrary to popular belief, there is no gender bias in California custody cases. The judge will not automatically favor the mother, although they may lean toward the mother if they are the one who typically cares for the child daily, and they have a more stable home life.
Relocation (Move-Away) Cases in California
A parent can change their child’s residence if they have given the other parent sufficient notice, and the move doesn’t interfere with custody and visitation orders.
Relocating to a home much further away is a different matter, as it’ll likely impact custody/visitation rights. In such cases, a judge will consider whether that parent has sole or joint custody. If they have sole custody, and it’s a permanent order, the judge may favor the move, unless the other parent can prove it would be harmful to the child.
In joint custody cases, it’s unlikely that a judge will favor a move without proof that it would greatly benefit the child.
The judge will also consider the distance of the move, the parents’ relationship, and the child’s age and preference.
Modifying a Custody Order
A custody agreement may change over time to accommodate changes in circumstances. For example, a parent may request a change if the other parent isn’t abiding by the terms of the agreement, or if they feel that circumstances have changed to the point where the custodial parent can no longer care for the child.
The court will need proof of those changes, as well as proof that the current agreement is no longer in the child’s best interests.
What Happens If a Parent Violates a Custody Order?
The courts always advise mediation over litigation, and parents are expected to solve minor issues on their own. A parent being 30 minutes late for a scheduled appointment, for example, is not considered a major breach, especially as the delay may have been out of their control.
However, if a parent refuses agreed-upon visitation rights, doesn’t answer the phone for scheduled calls, or doesn’t pay child support, the aggrieved parent can file for contempt of court, triggering an investigation. Alternatively, they can seek to change the custody agreement by proving the terms were ignored.
Again, mediation is always best, but if it’s not possible, a violation can lead to serious legal consequences.
Hire a Family Law Attorney for Your Custody Case
Custody cases can get messy and complicated, so if you want this process to be as smooth as possible, seek representation from an experienced family law attorney like County Law Center. We’ll support you throughout the custody process and ensure you’re heard, understood, and appreciated every step of the way.