When parents separate or divorce in California, one of the most important and emotionally charged decisions that must be made involves child custody. Courts aim to prioritize the overall well-being and stability of the child, which often leads families to ask, “What is the most common child custody arrangement in California?” Understanding typical custody outcomes can help parents better prepare for negotiations or potential court proceedings.
Common Child Custody Arrangements in California
Every year, thousands of parents across the state face challenging decisions about where their children will live and who will make major decisions for them. In fact, during the 2022-2023 fiscal year, California’s superior courts reported 209,363 family law filings, including paternity, custody, and child support cases. This highlights just how widespread and important child custody cases are in the state.
Understanding the most common arrangements and how California child custody laws work can help you better navigate the process and prepare for what lies ahead. Here are the most frequently used custody structures our firm sees in California:
- Joint Legal Custody. The most common outcome in California, joint legal custody, allows both parents to share responsibility for important decisions about the child’s health, education, and welfare. Even if one parent has more physical time with the child, courts often grant joint legal custody unless it would be harmful to the child.
- Sole Physical Custody With Visitation. This arrangement places the child primarily with one parent, called the custodial parent, while the other parent has scheduled visitation. This is common when a true 50/50 split isn’t practical due to distance, work schedules, or schooling, and may resemble more of a 70/30 custody split.
- Joint Physical Custody (50/50). If both parents live close by and can cooperate effectively, the court may approve a 50/50 time-sharing plan. This is becoming increasingly more common, particularly when both parents have played active roles in their child’s upbringing and are amicable.
Given the complexity and emotional weight of these decisions, many parents choose to hire a child custody lawyer to help them navigate the legal system in California. A skilled child custody attorney can guide you through the complexities of California custody laws, help negotiate fair parenting plans, and ensure your parental rights are protected.
Why Choose Drury Pullen Law?
Drury Pullen Law offers clients decades of combined experience in family law and civil litigation. One of our lead attorneys, Jennifer E. Drury, has practiced family law since the late 1990s and brings knowledge of custody, mediation, and estate planning to every case.
Susanna V. Pullen, our other founder, is a Certified Family Law Specialist, skilled in litigation and family law cases. With a strong background from UCLA and McGeorge School of Law, she provides meticulous, courtroom-savvy support.
Together, Jennifer and Susanna form a dedicated team focused on achieving ideal outcomes for their parents across the state. Their combined experience, personalized attention, and commitment to family law make our firm a trusted choice for anyone needing skilled and compassionate legal support.
FAQs
Q: What Is the Most Common Type of Child Custody Seen in California?
A: The most common custody arrangement in California is joint legal custody with one parent having primary physical custody. This means that both parents share decision-making responsibilities for the child, but the child primarily lives with one parent while the other has visitation rights. Courts prioritize the child’s best interests, encouraging frequent and continuing contact with both parents unless there are serious issues like abuse or neglect present.
Q: What Does a 70/30 Split Mean in Child Custody?
A: A 70/30 split in child custody refers to one parent having the child approximately 70% of the time, while the other parent has the child approximately 30% of the time. This arrangement typically involves the child living primarily with one parent, the custodial parent, and visiting the other parent, the non-custodial parent, on weekends, holidays, or selected weekdays. It balances stability with ongoing involvement from both parents.
Q: Do Mothers Have More Rights Than Fathers in California?
A: No, in California, mothers do not hold more legal rights than fathers. California law treats both parents equally, regardless of gender, and prohibits any presumption in favor of the mother or father. Custody decisions are based solely on the best interests of the child, including factors like the child’s safety, stability, each parent’s caregiving history, ability to co-parent, and any history of abuse or neglect.
Q: Is California a 50/50 Custody State?
A: California is not automatically a 50/50 custody state, but it strongly supports joint custody when it’s in the best interests of the child. Courts seek to see that children have frequent and ongoing contact with both parents after a separation or a divorce. The court will look into factors like each parent’s availability, the child’s school schedule, the parents’ ability to cooperate, and more to determine the custody split.
Q: Can a Lawyer Help Make My Custody Arrangement More Favorable in California?
A: Yes, a California child custody lawyer can help make your custody arrangement more favorable by ensuring your rights are protected and presenting a strong case focused on your child’s best interests. They can gather and present key evidence that shows your involvement in your child’s life, highlight concerns about the other parent, negotiate a fair parenting plan, and guide you through the legal process.
Hire a Child Custody Lawyer With Experience – Santa Barbara Family Law Firm
If you’re facing child custody challenges in California, it’s imperative that you find a Santa Barbara family law firm who can support you through legal obstacles. At Drury Pullen Law, we understand how important your family’s future is and are here to help you achieve an outcome that makes you feel comfortable and confident.
Whether you need support negotiating a parenting plan or require strong representation in court, hiring a skilled child custody lawyer can make all the difference. You can visit our office, which is conveniently located on East Carrillo Street in Santa Barbara, and meet with us in person to discuss your case and explore your options, as well as contact our firm to schedule your initial case evaluation today.