Many people who are going through a divorce wonder, “How is child custody determined in California?” The straightforward answer is that it’s up to the family court judge overseeing the case. Custody judges take all factors into account when determining what custody arrangement is most likely to ensure the child’s well-being. If you need legal counsel and representation within child custody matters, consider speaking with a Santa Barbara visitation lawyer.
Types of Child Custody in California
In California, unmarried parents may seek a child custody court order, as well as separating or divorcing parents. Often families need to take their case before family court to determine what custody arrangement is most likely to align with their child’s best interest and wellbeing. There are two aspects of child custody that are considered in a case – physical custody and legal custody.
Physical custody refers to situations where the child will primarily reside and determines which parent will tend to the child’s day-to-day needs. Legal custody is the parental right to make decisions regarding significant areas of a child’s upbringing and encompasses issues such as their medical needs, schooling, religion, and other topics related to the child’s welfare. The arrangements a child’s parents may have are sole, joint, or split custody.
Sole custody may refer to sole physical custody or sole legal custody in addition to physical custody. If a parent has sole legal custody, they have exclusive authority over the child’s upbringing and the final say on all critical issues. When a parent has sole physical custody, they are the custodial parent with whom the child lives, but likely both of the parents retain legal custody. In either arrangement, the non-custodial parent may still have visitation rights.
When parents share both physical and legal custody, the arrangement is known as shared parenting, a type of joint custody. This arrangement will usually only be ordered by the court if parents are amicable and can coordinate well enough to co-parent. Joint physical custody means the child will spend time living with both parents, and joint legal custody entails parents sharing the right to make important decisions concerning their child.
Split custody refers to the arrangement some parents with multiple children may have, wherein each parent has primary custody of one of the children. However, this arrangement is not necessarily a typical solution as it’s most often not in the children’s best interest.
What Factors Do Custody Judges Look for in California?
Family court judges who oversee custody proceedings always prioritize the child’s well-being – their goal is to determine a custody arrangement that is most likely to encourage the child to continue to thrive in his or her environment. In order to do this, judges must look at all factors related to the case and consider all potential risks, benefits, and options available.
Judges will consider the children’s ages, overall health, and any special medical requirements, as well as the relationship with each parent and ties to their current residence and school. Custody judges must also investigate each parent’s physical health and mental well-being, including any history of psychiatric illness or substance abuse and whether they properly manage it. They also consider the parents’ ability to care for their child and any history of child abuse or neglect.
Family courts will consider the child’s preferences if they are old enough to express their wishes effectively. If the child has an attachment to either parent, their neighborhood, community, or school, it will likely heavily influence the judge’s ruling. Judges will also examine the parents’ relationship with one another, such as whether they are able to work together and compromise or have shown little evidence of being able to co-parent efficiently.
FAQs
Q: Who Usually Gets Primary Custody in California?
A: Neither parent is assumed or guaranteed to receive primary custody of their child. In California, the main objective in child custody cases is to determine the arrangement that reflects the child’s best interest and well-being. The court will not grant primary or joint custody to a parent who is incapable of properly caring for their child or has a history of violent offenses, such as domestic violence, child abuse, or neglect.
Q: What Factors May Hurt Your Custody Rights in California?
A: Factors that may hurt your chances of having significant custody rights include having a history of domestic violence or other violent tendencies, child abuse or neglect, unmanaged and/or extreme mental illness, or issues with substance abuse (including excessive drinking).
Additionally, if a parent lacks stable employment or a safe, permanent residence, the court may determine them unfit for significant parental rights and responsibility. However, custody court orders can later be modified if your circumstances improve.
Q: What Is the Most Common Custody Arrangement in California?
A: In California, the most common custody arrangement is joint custody, with one parent receiving sole physical custody. Parents may have joint physical custody in some cases with both parents retaining joint legal custody.
Within this arrangement, the child lives with one parent, who has the primary responsibility to raise and provide for them, known as the custodial parent. The non-custodial parent may have visitation rights, but both parents retain the authority to make legal decisions regarding their child.
Q: What Do Judges Look for in Child Custody Cases in California?
A: Judges look at all relevant factors when determining custody to find an arrangement that’s in the child’s best interest. A judge will consider each parent’s overall health, medical complications, mental health and any history of psychiatric illness or substance abuse, source of income, residence, ability to provide for their child, and capacity to co-parent. A judge will also consider the child’s age, health, relationship with each parent, and perhaps their preferences.
Visitation and Custody Lawyers Can Help Fight for Your Parental Rights
At Drury Pullen Law, APLC, our compassionate family lawyers are prepared to do the work necessary to support your custody case – no matter how complicated or simple your circumstances may seem. Reach out to our team today to schedule a consultation with an experienced family law attorney to discuss your custody and visitation case.