Marriages can end, and the parents can divorce. A child can be born to a couple who never married. Two people who are no longer in a relationship can share a child. In each of these instances, it is important to create a strong parenting plan. If you are in the process of creating a parenting plan with your co-parent, you may be wondering, Is California a 50/50 state for child custody?
Determining Child Custody in California
A Study found that about six percent of parents of small children are divorced or separated, and nine percent of parents with small children are single and never married. In most instances, it is in the best interests of the child to have access to both parents, and California law attempts to ensure this through parenting plans.
Making Your Case
Navigating child custody is not an easy process. This is especially true if there are negative feelings between you and your co-parent. Working with a Santa Barbara family law firm can help you clear away the emotional fog to create a plan that is favorable for you, your co-parent, and your child. If you cannot work with your co-parent to create a custody plan, then the family court judge will use various factors to determine a plan in the best interests of the child.
Factors That Impact Child Custody
The main focus of California courts when determining child custody is the best interests of the child. The parents do have the opportunity to work together to create a child custody plan. If they can create a plan that a judge approves, then that plan will go into effect. If the parents cannot agree on child custody, the judge can step in and create a plan for them. When creating a plan, the judge will consider many things, including:
- The child’s ties to their home, school, and community.
- Emotional ties between the child and each parent.
- The ability of each parent to care for the child.
- The health and age of the child.
- The child’s wishes, depending on their age and maturity.
- Parental cooperation.
- Any regular or ongoing substance abuse by either parent.
- Any history of family violence
There are factors that a judge cannot consider when deciding a custody arrangement, including:
- Religion
- Physical disability of a parent
- The gender or sexual orientation of a parent
- The race of a parent
- A parent’s sexual relationships, unless there is a risk of negative influence on the child
Types of 50/50 Schedules
After determining that a 50/50 child custody schedule is in the best interests of the child, the parents must decide how they will fit that into their lives. Common examples of 50/50 schedules include:
- Alternating 3:4 and 4:3. The child spends the first three days of the week with one parent, then the following four days with the other parent. The schedule flips the following week.
- Mid-week split. After three and a half days in the custody of one parent, the other parent assumes custody for the next three and a half days.
- Alternating weeks.
- Alternating every X number of days.
Although these are common examples of 50/50 schedules, parents are not required to follow any of these schedules. Co-parents can tailor their parenting schedule to their needs as long as it is also in the child’s best interests. The judge will generally want to see an arrangement that meets the parents’ needs while also maintaining the child’s usual schedule.
FAQs
Q: At What Age Do California Courts Consider the Child’s Wishes in Custody Cases?
A: When a child is at least 14 years old and wishes to address the court regarding visitation or custody, the child is allowed to do so. If the court determines that the child addressing the court is not in their best interest, then the reason must be stated for the record. If a child is younger than 14 years old, they may be permitted to address the court if it is appropriate and in their best interest.
Q: Is It Hard to Get 50/50 Custody in California?
A: The difficulty of getting 50/50 custody in California depends on the circumstances of the case. If you and your co-parent work cooperatively to create a 50/50 plan that promotes stability and comfort for the child, then it is likely to be approved. If you and your co-parent are adversarial and cannot work together, it may be more difficult to get 50/50 custody.
Q: Is All Child Custody 50/50 in California?
A: California recognizes that time spent with both parents is typically in the child’s best interests, but this does not mean that custody is automatically 50/50. The co-parents can submit a 50/50 plan for custody to the court, but the judge will consider many things before approving the plan. If the parents cannot agree on a plan, the judge will step in and create a plan based on the child’s best interests.
Q: Is California a Mother State for Custody?
A: California is not a mother state for custody. California recognizes the importance of having both parents in a child’s life and will determine physical and legal custody with the child’s best interests in mind. It is possible that the best interests of the child are 50/50 custody or the father having primary custody. The percentage of fathers who are custodial parents has increased by more than 4% in the past 30 years.
Pursuing 50/50 Custody
There are some circumstances where a 50/50 child custody schedule is ideal for the parents and the child. Working with an experienced child custody lawyer can help you work with your co-parent to create a plan that meets your needs and still supports your child.
If you need to create a custody plan for your child, reach out to Drury Pullen Law for help. We can provide clarity and support as you navigate this difficult process. Our legal team can help you explore your options.