info@walialawfirm.com

Free Consultation

Child Custody in California

California child custody consultation

Child custody laws and orders determine how a parent and child relationship will be structured. Custody orders affect how much time a parent spends with a child and how decisions about the child's life are made. Child custody may be ordered by the court or established by mutual agreement between the parents.

Parents who need help turning legal concepts into day-to-day routines can review our child visitation guidance for parenting time examples or explore mediation options that keep families in control of their schedules.

Types of Child Custody in California

California recognizes two main types of custody: legal custody and physical custody. Each type may be awarded as either sole or joint.

Legal Custody

Legal custody refers to the right and responsibility to make decisions regarding a child's health, education, and welfare.
When parents have joint legal custody, they share in the decision-making about major issues such as education, health care, safety, and religious upbringing. Parents are expected to communicate and consult with each other before making significant decisions.

A judge may give one parent authority to make certain decisions even when joint legal custody is in place, without granting full sole legal custody. When a parent has sole legal custody, that parent has the exclusive right to make these decisions, though consulting the other parent is still encouraged.

California courts do not favor or disfavor sole or joint legal custody-there is no legal presumption for either arrangement. The court's determination always depends on what serves the best interests of the child (Fam. Code §3040).

Physical Custody

Physical custody refers to where the child lives and spends time. A parent with sole physical custody provides the child's primary residence, while the other parent generally receives visitation or parenting time.

California law emphasizes the importance of frequent and continuing contact with both parents when it is in the child's best interest (Fam. Code §3020). The court has discretion to determine the visitation schedule.

Joint physical custody means the child spends significant time with both parents, even if the time is not split equally. The law does not define a percentage, but arrangements where each parent has substantial time with the child may qualify as joint physical custody.

Because parenting time impacts support obligations, visit our child support page for details on how California’s guideline shares costs when parents divide overnight care.

Sample Custody Schedules

Courts may approve or order a schedule, or parents may reach an agreement. Examples include:

For joint physical custody:

  • Alternating weeks with each parent
  • Splitting the week (e.g., Mon–Tue with one parent, Wed–Thu with the other, alternating weekends)
  • Two weekday overnights with one parent and alternating weekends
  • Extended weekend visits with shared holidays and summer breaks

For sole physical custody:

  • Every other weekend with weekday dinner visits
  • Alternating holidays
  • Several extended visits during the summer
Note: These examples are illustrative only. Custody schedules are tailored to each family's unique circumstances.

Best Interests of the Child

When determining custody, the court's guiding principle is the best interests of the child (Fam. Code §3011). The judge has broad discretion but must consider statutory factors such as:

History of Abuse

If there has been domestic violence or child abuse, the court must consider that history. Domestic violence may strongly weigh against granting joint custody, but there is no automatic presumption against joint custody under California law.

Relationship between Parent and Child

The court evaluates the strength of the bond between the child and each parent, including who has been the primary caregiver, each parent's stability, and the child's temperament and needs.

Child's Preference

If the child is mature enough to express an intelligent preference, the court will consider it but is not bound by it. The judge may weigh the child's wishes with other best-interest factors.

Communication and Cooperation

The ability of the parents to communicate and cooperate is a key factor, especially in determining joint custody. A parent who obstructs communication or co-parenting may be deemed unsuitable for joint custody.

Interference with Parent-Child Relationship

Courts take seriously any efforts by a parent to damage or interfere with the child's relationship with the other parent. Serious or repeated interference may lead to changes in custody or even contempt of court.

If a current order is no longer workable-or if enforcement is necessary-review our modification and contempt guide for the steps involved in requesting relief.

Education and Stability

Courts may consider each parent's ability to support the child's education and maintain stability. Maintaining continuity in the child's home, school, and community is an important consideration.

Factors That Cannot Be Considered

California courts may not consider or discriminate based on a parent's or child's sex, gender identity, gender expression, sexual orientation, or race (Fam. Code §3040(c)).
A parent's religion or physical disability may only be considered if it directly affects the child's welfare-not as a basis for bias or preference.
Financial status alone cannot determine custody, though the amount of time a parent spends with the child can influence child support calculations.

Mediation

In California, when custody or visitation is disputed, the court must generally refer the parents to mediation or child custody recommending counseling before holding a hearing (Fam. Code §3170).

If there is a history of domestic violence or a restraining order, the mediator must conduct separate sessions and take safety precautions (Fam. Code §3181). Domestic violence does not eliminate the mediation requirement but alters how it is conducted.

Mediation discussions are confidential, though in some counties "recommending counselors" may provide non-confidential recommendations to the court. Parents are expected to participate in good faith. Many custody disputes are successfully resolved through this process.

Legal Assistance

Parents involved in a custody dispute should consult a qualified California family law attorney. An attorney can explain legal options, negotiate or draft parenting plans, and represent clients in mediation or court proceedings.

Protect your relationship with your children

Schedule a strategy session with our family law team to discuss custody, visitation, and parenting plan options.

Speak with an Attorney

Child Custody FAQs

California recognizes two primary forms of custody: legal custody, which covers decision-making authority for education, health, and welfare, and physical custody, which determines where the child lives. Each type can be joint (shared) or sole (granted to one parent).

Legal custody allows a parent to make significant decisions about schooling, health care, and general welfare. Physical custody dictates the child’s day-to-day residence and how parenting time is divided.

Joint custody means both parents share substantial responsibilities and time with the child. It does not require an equal (50/50) split; rather, the child must have frequent and meaningful contact with each parent.

Judges weigh the child’s best interests under Family Code Section 3011. Key factors include safety, the child’s emotional ties with each parent, the stability of each home, each parent’s caregiving history, and any evidence of abuse or neglect.

Yes. A history of domestic violence or child abuse is a critical factor. Courts can limit or deny joint custody when doing so protects the child or the abused parent.

The court may consider a child’s preference if they are mature enough to express a reasoned choice, but the decision still rests on the child’s overall best interests.

Parents are expected to co-parent in good faith. Persistent refusal to cooperate may lead a judge to favor the parent who better supports the child’s relationship with both parents.

Custody defines legal rights and responsibilities, while visitation (parenting time) sets the schedule for time with the non-custodial parent. Even when one parent has sole custody, the other generally receives visitation unless it is unsafe.

In most California counties, mediation (or child custody recommending counseling) is mandatory before a judge hears disputes over custody or visitation. If domestic violence is an issue, mediators conduct separate, safe sessions.

Either parent can seek modification after a significant change in circumstances—such as relocation, remarriage, or chronic conflict. The court will reassess and make orders that serve the child’s best interests.

If a parent disregards the order, the other parent can ask the court to enforce it. Remedies range from makeup time to sanctions or contempt findings against the non-compliant parent.

No. California law prohibits bias based on gender, sexual orientation, or gender identity. Judges focus solely on the arrangements that benefit the child.

Yes, in limited circumstances. Grandparents or other relatives can petition for guardianship or custody when both parents are unable or unfit to care for the child, but the burden of proof is significant.

Representation is not mandatory, but consulting a California family law attorney is highly recommended. Counsel can protect your rights, help craft workable parenting plans, and guide you through court procedures.