Understanding California's Child Custody Law
Overview of the Law
As family law attorneys, we regularly help clients navigate the many types of proceedings where California courts can issue custody and visitation orders. These include divorce, annulment, and legal separation cases; domestic partnership dissolutions; standalone custody actions; domestic violence prevention cases; parentage actions; child support agency proceedings; grandparent visitation requests; former guardian visitation claims; and dependency cases.
The Best Interest of the Child Standard
In every custody case we handle, we keep one question at the center: what serves the child's best interest? Family Code Section 3011 directs me, and the court, to weigh several factors, including:
Navigating a Contested Custody Case
We always encourage our clients to resolve custody and visitation disagreements outside of court whenever possible. When a case is contested, we focus our strategy on the two things judges care about most: the child's health, safety, and welfare, and preserving ongoing contact with both parents.
Preserving Stability for the Child
We've found that courts are generally reluctant to disrupt an existing custody arrangement, particularly for younger children. If our client has been the primary caregiver, we build our case around the fact that a judge will typically require evidence that changing that arrangement would cause harm before disturbing it. We treat stability and continuity as among the most significant factors in determining a child's best interest, since courts avoid upending a working arrangement absent proof that it is damaging.
Supporting the Other Parent's Relationship
We advise clients that trying to shut the other parent out of a child's life without good cause will create real problems in court. Barring a genuine safety concern, we remind them that judges are required to structure orders that preserve frequent, ongoing contact with both parents, since children generally benefit from strong relationships with each. We never advise using a custody dispute to limit the other parent's bond with a child unless abuse is involved, though we make sure our clients understand courts retain broad discretion to shape the final arrangement based on the full circumstances.
Considering the Child's Voice
In our experience, courts often want input from teenagers regarding their custody preferences, and that input can meaningfully influence the outcome. We make sure our clients know that a child aged 14 or older who wishes to speak to the court about custody or visitation generally must be given that opportunity, unless doing so would not serve their best interest. For children younger than 14, we explain that the court must first decide whether it is appropriate for them to be heard, and in some instances, we've seen children as young as 7 or 8 allowed to share their views. We stay current on the specific guidelines governing how and when a child's preferences are considered.
Domestic Violence and Custody Decisions
We explain to clients that California law starts from the presumption that a parent who has committed domestic violence should not receive sole or joint custody. We can help overcome that presumption, however, by showing, by a preponderance of the evidence, that awarding custody would serve the child's best interest. We look at factors such as:
Completion of a batterer's intervention program and any required substance abuse counseling.
Completion of a parenting class.
Compliance with probation, parole, and any applicable restraining order.
No further incidents of domestic violence.
Filing a Custody or Visitation Request
When we file a Request for Order asking the court to resolve custody or visitation, we make sure our client attends mediation first, since skipping it can prevent a parent from being heard on the issue later. Where domestic violence is alleged, we can request that the parties mediate separately if our client submits a signed declaration to that effect.
If mediation doesn't resolve the dispute, we take the matter to a hearing. We know contested custody matters are prioritized on the court's calendar and may be separated out for their own trial.
How Courts Award Custody
We work within the wide latitude judges have in crafting a parenting plan under the best interest standard, which is part of why we explain to clients that custody rulings are difficult to overturn on appeal.
Sole Custody
Primary Control Over Residence and Major Decisions — A sole custody order gives one parent primary control over the child's residence and major decisions involving health, education, and welfare, while the other parent retains visitation rights and the ability to request modifications if circumstances change.
Combining Sole Physical With Joint Legal Custody — We sometimes pursue arrangements that pair sole physical custody with joint legal custody, meaning the child lives primarily with one parent while both parents share decision-making authority.
"Primary Physical Custody" Isn't a Legal Term — We clarify for clients that this commonly used phrase carries no formal legal definition; it simply reflects that one parent handles more of the day-to-day physical responsibility.
Sole Legal Custody on Its Own — This arrangement, which we can pursue independently, gives a parent decision-making authority without residential control.
Joint Custody
Shared Physical Custody — We describe joint custody as an arrangement where both parents share meaningful periods of physical custody, ensuring the child maintains regular contact with each, though we remind clients the split need not be equal.
Shared Legal Custody — Joint legal custody means both parents share equally in decisions about the child's health, education, and welfare.
The Statutory Order of Preference — We rely on Family Code Section 3040(a), which sets a general order of preference for custody awards: first, to either or both parents jointly, without regard to gender; second, if custody to a parent isn't appropriate, to whoever has been providing the child a stable, wholesome home; and third, to another suitable person as determined by the court.
Custody Among Three Legal Parents — In situations involving three legal parents, We recognize that removing a child from any one of them can carry serious psychological consequences, and we help the court determine how custody is allocated among all three.
Visitation Rights
Alongside a custody order, we work to secure reasonable visitation for the non-custodial parent unless doing so would harm the child. If a parent requests visitation while a case is pending, we make sure the court addresses it, with a strong preference for preserving contact with both parents. Where abuse or domestic violence is at issue, however, we know judges have full discretion to suspend visitation or require it be supervised by an approved monitor.
We make sure the court doesn't factor in a parent's failure to pay child support, personal lifestyle, sexual orientation, or religious beliefs, unless there is evidence these factors are harmful to the child.
Preparing for a Child Custody Evaluation
We tell every client that even the possibility of a custody evaluation warrants early preparation. This isn't something to prepare for the night before; it calls for sustained personal reflection well in advance. We encourage clients going through a difficult divorce to begin addressing their emotional burdens early, since we remind them an evaluation is not a therapeutic setting and isn't the place to process personal grievances.
We often recommend individual therapy, journaling, and meditation as ways to work through the emotional weight of divorce before meeting with an evaluator. we've seen practices like meditation help clients stay grounded and calm, which matters greatly when sitting across from an evaluator. We encourage this groundwork to begin well before the evaluation itself.
Things to Do
Keep the focus on your child's needs rather than grievances with your ex.
Stay open to a range of custody and visitation arrangements, while being ready to explain your preferred plan.
Be truthful throughout the process.
Be prepared to discuss both your ex's and your own strengths and weaknesses as a parent.
Discuss your relationship history calmly, without excessive anger or emotion.
Stay engaged and attentive to your child during any observation period.
Be prepared to discuss both your ex's and your own strengths and weaknesses as a parent.
Keep in mind what your children fundamentally need:
- The right to love and access both parents without interference.
- A low-conflict environment, since children do better when parents cooperate.
- Safety and protection from physical, emotional, and sexual harm.
- Age-appropriate parenting arrangements, since a toddler's needs differ greatly from a preteen's.
- Consistency and predictable routines with each parent.
- Freedom from being asked to choose between parents.
Remain composed if the evaluator shares any conclusions.
Evaluation Pitfalls to Avoid
Being vindictive or overly critical of your ex.
Dwelling on relationship issues unrelated to parenting.
Expecting the evaluator to resolve your personal conflicts.
Treating the evaluator as a therapist.
Speaking negatively about your ex.
Attempting to influence or manipulate the evaluator.
Losing composure through crying, shouting, or anger, rather than pausing to breathe.
Displaying negative attitudes, such as refusing to acknowledge any positive traits in the other parent, insisting they can't improve, or failing to recognize your own role in the conflict.
Bringing up resolved past issues, such as a substance abuse problem the other parent has already overcome.
Reacting emotionally if the evaluator appears to favor one side or makes an unexpected comment.
Leverage Our Custody Support
Contact us for free consultation about your Long Beach or Santa Monica child custody matter at (310) 740-0716 and (562) 533-0806.