Understanding Child Custody in California
When parents separate or divorce in California, one of the most important decisions involves child custody. California courts make custody decisions based on one primary principle: the best interests of the child. Understanding the types of custody and how to create an effective parenting plan is crucial for protecting your children's well-being.
Two Types of Custody in California
Legal Custody
Legal custody refers to the right to make important decisions about your child's life, including:
- Education (which school, special education services)
- Healthcare (medical treatment, therapy, medications)
- Religious activities and upbringing
- Travel and relocation decisions
Physical Custody
Physical custody refers to where your child lives on a day-to-day basis and which parent is responsible for routine daily care.
Joint vs. Sole Custody
Joint Custody
Joint Legal Custody: Both parents share decision-making responsibility for major issues affecting the child.
Joint Physical Custody: The child spends significant time living with both parents (doesn't have to be exactly 50/50).
Most Common: California courts prefer joint custody arrangements when possible.
Sole Custody
Sole Legal Custody: One parent has the right to make all major decisions about the child.
Sole Physical Custody: The child lives primarily with one parent, and the other parent has visitation rights.
Granted when: Joint custody is not in the child's best interests.
Creating an Effective Parenting Plan
A parenting plan (also called a custody and visitation schedule) outlines how you and the other parent will share time and responsibilities for your children. A comprehensive parenting plan should address:
Regular Visitation Schedule
Specify which days and times the child will be with each parent during regular weeks. Common schedules include:
- • 50/50 schedule: Alternating weeks, 2-2-3 schedule, or 2-2-5-5 schedule
- • 60/40 schedule: Every weekend with one parent, weekdays with the other
- • 80/20 schedule: Primary residence with one parent, regular visitation with the other
Holidays and Special Occasions
Decide how to divide holidays and special days:
- • Major holidays (Christmas, Thanksgiving, New Year's)
- • School breaks (winter, spring, summer)
- • Child's birthday and parents' birthdays
- • Mother's Day and Father's Day
- • Religious holidays
Summer Vacation Schedule
Many families adjust custody schedules during summer when school is not in session. Specify any extended vacation time each parent gets with the children.
Transportation and Exchanges
Detail the logistics of custody exchanges:
- • Where exchanges will occur (home, school, neutral location)
- • What time exchanges will happen
- • Which parent is responsible for transportation
- • How to handle late arrivals or changes
Communication Guidelines
Establish how parents will communicate about the children:
- • Method of communication (text, email, phone, co-parenting app)
- • How to handle emergencies
- • Child's ability to contact the other parent
- • How to share important information about school, health, activities
Decision-Making Process
If you have joint legal custody, explain how you'll make major decisions together and what happens if you disagree.
Factors Courts Consider in Custody Decisions
If parents cannot agree on a custody arrangement, the court will decide based on what's in the child's best interests. California courts consider many factors:
- The child's health, safety, and welfare
- History of abuse or domestic violence by either parent
- Nature and amount of contact with both parents
- Habitual or continual illegal drug or alcohol use by either parent
- The child's preference if the child is mature enough (typically age 14+)
- Each parent's ability to care for the child
- Stability of each home environment
- Willingness to foster a relationship with the other parent
Protecting Children from Abuse
California law prioritizes child safety. If there's evidence of child abuse or domestic violence, the court may order supervised visitation or deny custody/visitation to the abusive parent.
Modifying an Existing Custody Order
Life circumstances change, and custody orders can be modified if there's a significant change in circumstances. Common reasons for modification include:
- Parent relocating to a new area
- Changes in the child's needs or preferences
- Parent's work schedule changes
- Substance abuse or safety concerns
- Parent's failure to follow the existing order
To modify custody, you must file a Request for Order (Form FL-300) with the court and show that the change is in the child's best interests.
Need Help with Child Custody Documents?
By The People® can help you prepare child custody agreements, parenting plans, and court forms accurately and affordably. We serve families throughout San Luis Obispo and Santa Barbara Counties.