How Are Child Custody Decisions Made in California?
In California, child custody decisions are based primarily on the best interests of the child. When parents cannot agree on custody, the court evaluates the family's circumstances and determines an arrangement that supports the child's health, safety, and well-being.
Custody decisions may address where the child lives, how parents share parenting time, and who makes important decisions about the child's education, health care, and welfare.
What Are the Types of Child Custody in California?
California recognizes two main types of child custody:
- Legal custody: Determines who makes important decisions about the child's health, education, and welfare. Parents may share legal custody or one parent may have sole legal custody.
- Physical custody: Determines where the child lives and how parenting time is arranged. Parents may share physical custody, or one parent may have primary physical custody while the other has visitation.
The court may combine these arrangements based on the child's needs and the circumstances of each family.
What Factors Does the Court Consider?
The court evaluates the specific facts of each case. The following are examples of factors the court may consider and are not necessarily an exhaustive list:
- The child's health, safety, and welfare
- The child's relationship with each parent
- Each parent's ability to provide appropriate care
- The child's need for stability and continuity
- The child's connections to school, home, and community
- Any history of domestic violence or substance abuse
- Each parent's willingness and ability to support the child's relationship with the other parent, when safe and appropriate
There is no automatic rule that mothers or fathers receive custody based solely on their gender.
Does the Child Get to Choose Which Parent to Live With?
A child’s preference may be considered based on the child’s age, maturity, and ability to express a reasoned preference. A child who is at least 14 years old generally has the right to address the court about custody unless the judge determines that doing so would not be in the child’s best interests. The preference does not by itself determine the outcome.
Do Parents Have to Attend Mediation?
Before a contested custody hearing, parents generally participate in child-custody mediation or another court-connected process, subject to applicable court procedures and the circumstances of the case. The goal is to help parents develop a parenting plan that addresses the child’s needs.
If the parents cannot agree, a judge may make the custody decision after reviewing the evidence and applicable law.
Can a Child Custody Order Be Changed?
A custody order may be modified when the legal requirements are met. For a final custody order, the court generally considers whether there has been a significant change in circumstances and whether the proposed modification serves the child’s best interests.
Parents can request a modification when circumstances affecting the child or existing parenting arrangement change.
Speak With a California Child Custody Attorney
Child custody decisions can have a lasting impact on your family. Dosh Law provides family law representation in Placerville and throughout El Dorado County.
If you need help establishing a custody arrangement, responding to a custody dispute, or requesting a modification, contact Dosh Law to discuss your situation and legal options.