How Is Child Custody Determined in California? 2024

If you are about to begin creating a parenting plan with a co-parent, you may be wondering, “How is child custody determined in California?” Many parents who go through a divorce are understandably apprehensive about child custody.

Although the state sets uniform standards for custody agreements, each case may result in slightly different parenting agreements. Parents can protect their visitation rights by hiring an experienced child custody attorney who understands the state’s child custody laws.

Legal and Physical Custody

There are two important types of custody that your child custody case will address. Legal custody refers to the legal right of one or both parents to make important decisions on behalf of their child. These rights often deal with decision-making authority about which doctors your child can see, where they go to school, and their religious training. Legal custody can be held solely by one parent or jointly by both parents.

When one parent has sole legal custody over a child, they may confer with the other parent on important matters but ultimately have the authority to make important decisions in the interest of their child. Many cases result in joint legal custody where both parents have decision-making authority over major child-rearing decisions.

Physical custody determines where the child lives and how visitation time is split. When one parent has sole physical custody over a child, the child’s primary residence is with that parent. This does not mean that the other parent does not have visitation rights. Physical custody is often held jointly with the child, allowing the child to split their time between two homes.

How the Courts Determine Child Custody

When both parents come to an agreement on physical and legal custody matters, the courts will generally honor those agreements as long as the child’s well-being and safety have not been compromised. A judge may ultimately make decisions about child custody when both parents cannot come to an agreement. When a judge makes custody rulings, they do so based on the best interests of the child, which could be determined from many factors.

The judge may consider the living conditions of both parents, any past instances of child abuse or neglect, where the child has primarily lived, and the willingness of both parents to co-parent in the interest of the child, among other factors.

During contested divorces, a judge may assign someone to conduct a child custody evaluation. The court-appointed evaluator often has a background in family law, child counseling, or social services.

The evaluator may also review relevant documents, such as medical records or school reports, and consult with other professionals involved in the child’s life. After completing the evaluation, they provide a detailed report with recommendations to the court, which the judge will consider when making the final custody decision.

How an Attorney Can Help Protect Your Parental Rights

Parenting is a fundamental right, and the courts cannot diminish either parent’s right to meaningful access to their children without just cause. Having legal representation can protect your rights. Parents who go into child custody cases with no legal representation or inadequate representation risk experiencing unfavorable outcomes in their cases.

During negotiations with the opposing counsel, your lawyer can work with your spouse’s attorney to come to a fair parenting plan arrangement that protects your custody rights. If the matter goes before a judge, your family law attorney can make legal arguments that support your interests and goals. An attorney can be a valuable advocate for your parental rights.

FAQs

What Factors Are Considered in Child Custody in California?

The fitness of both parents is considered during a child custody case. If either parent has a history of child abandonment, abuse, or neglect, the courts may view them as a potential danger to their child. The willingness of both parents to co-parent is another factor.

The courts view parental alienation and similar acts as not being in the interest of children. Any parent with strong legal representation and a solid track record in parenting should reasonably expect to retain custody rights following a divorce.

Who Gets Primary Custody in California?

The parent who gets primary custody in California can vary. There are no predetermined outcomes in family court, and the state’s child custody laws do not favor one gender parent over the other.

Parents should also have realistic expectations about what to expect in court. Short of evidence that either parent is unfit to parent, the courts will work under the assumption that the child benefits from meaningful time with both parents.

What Do Judges Look for in Child Custody Cases in California?

During a child custody case, a judge may consider many factors, such as the ability of both parents to provide a safe and loving home for the child. Judges may look unfavorably on parents who are unable to co-parent. Parents should also keep the interest of their children above personal grievances. Demonstrating a willingness to cooperate and communicate with the other parent can positively influence the court’s decision on custody.

What Is a Common Child Custody Arrangement in California?

Joint custody arrangements are the common outcomes of child custody cases, although that does not always mean an even 50-50 split between parents. Sole custody is more common in cases where one parent is absent or uninterested in parenting.

Parents who have serious criminal records or have displayed dangerous behaviors may be seen as unfit by the courts. Even when one parent has sole custody, the other parent may have visitation rights, possibly under supervised conditions.

Schedule Your Child Custody Consultation Today

While child custody cases can turn contentious, having experienced legal representation can provide peace of mind during an uncertain time in your life. Protecting your parental rights often requires hiring an attorney who will fight for your interests.

The team with Law Offices of Michelanne Hrubic understands how important parental rights are to you. We work tirelessly to make sure that your visitation and custody rights are protected and that your parenting agreement provides for meaningful time with your children. To schedule your child custody consultation, contact our office today.