Ask Debra—In this series, Family Law Specialist Debra Schoenberg answers your most pressing divorce-related questions
Six FAQs About Child Custody in California
Even in the most straightforward and amicable divorce, there are thorny questions to face and difficult decisions to make. And there’s nothing that raises the stakes—on virtually every issue—like having children. For divorcing parents, every decision and how it will affect the family can be very emotional, contentious, and consequential.
Even after you’ve decided you can’t be a married couple anymore, you both love your child and want the very best for them. The difficult part is agreeing on what that is—especially at a time when you may be in heated disagreement about many things.
Child custody and visitation orders address the essential questions about where your child will live and with whom, how much parenting time you will each have, and how major decisions about the children’s upbringing will be made. For obvious reasons, this is a critically important and deeply sensitive area that can feel overwhelming.
Here are some of the most common questions about child custody in California:
1. How Do Judges Decide Who Gets Custody?
The most fundamental principle for deciding child custody and creating a parenting plan in California is the child’s best interests. This standard has no fixed formula; courts evaluate multiple factors to support the child’s physical, mental, and emotional health, safety, happiness, and security.
- Parenting ability: How well can each parent provide for the child’s needs?
- Parental fitness: Any history of abuse, neglect, criminality, violence, substance abuse, or unmanaged mental illness?
- Child’s age: Who has been the primary caregiver and what level of care is needed?
- Stability: Which arrangement offers consistency and fewer disruptions to routine?
- Relationships: What best preserves family ties and emotional bonds?
- Child’s preference: If mature enough (typically 14+), the child’s wishes may be considered.
2. What Is the Difference Between Physical Custody and Legal Custody?
Physical custody determines where the child lives. Legal custody concerns decision-making authority over education, healthcare, religion, and other major issues. Either or both types can be shared or granted to one parent. Courts prefer frequent and consistent contact with both parents, but parenting time is not always split equally.
3. Does One Parent Automatically Get Preference?
No. California courts do not favor mothers or fathers. Gender and sexual orientation are not factors. Although mothers often remain the primary caregivers, custody decisions are based on caregiving history and the child’s best interests. A 2018 study showed divorced fathers in California average 32.8% parenting time.
4. What Is Visitation?
Except in rare cases, the non-custodial parent is entitled to visitation. Types include:
- Scheduled: Specific days and times.
- Reasonable: Flexible, guided by agreed principles.
- Supervised: Required when safety concerns exist.
- No visitation: Ordered only in extreme circumstances where the child’s well-being is at risk.
5. Can Parents Create Their Own Parenting Plan?
Yes. California courts encourage parents to create customized parenting plans. A thorough plan details schedules, decision-making, communication protocols, and procedures for changes. Once both parties agree, the plan must be court-approved to become a binding order. If parents can’t agree, mediation is ordered, and if that fails, the judge decides custody.
6. How Can I Maximize My Parenting Time?
Create a stable, collaborative environment focused on your child’s best interests. Be flexible, attend school and medical appointments, support the other parent’s relationship with the child, and maintain a consistent work and home life. Propose a schedule that offers stability and shows active involvement. Demonstrating cooperation and engagement helps secure balanced parenting time.
At SFLG, we focus exclusively on family law. Our attorneys are experienced in navigating custody disputes and crafting durable parenting plans tailored to your family’s needs.
