If you are divorcing with children, you may be concerned about child custody. Will your spouse get primary custody? What can you do to protect your legal rights?
Child custody cases are often emotionally charged. Both parents often want custody and will often go to great lengths to get it. Some seek revenge on the other parent, tell lies, and even engage in parental alienation.
California law tends to focus on the best interests of the child, so the courts will often opt for shared custody. That is because children tend to do better when both parents are involved in their lives. Therefore, courts want children to have stable, healthy, and safe relationships with both parents whenever possible.
When parents try to pit the child against the other parent or badmouth them, the court looks at this unfavorably. Ideally, parents will coparent peacefully. When parents get revengeful, the court will step in and award custody to the cooperative parent.
Here is a look at the types of child custody in California and the laws surrounding them.
Types of Custody
There are two main types of child custody:
- Legal custody. Legal custody concerns decision-making power for major issues such as education, medical care, religion, and extracurricular activities. Joint custody means that both parents have custody, and this is the norm unless there is a safety or communication issue. Sole legal custody is ordered when one parent must have full authority for the child’s well-being.
- Physical custody. This refers to where the child lives. Joint physical custody means the child spends significant time with both parents (not necessarily 50/50). Sole physical custody means the child lives primarily with one parent, with visitation for the other unless unsafe.
Types of Visitation
California courts issue different types of visitation (also called parenting time), depending on what is safest and most appropriate for the child. The goal is to support a healthy relationship with both parents while protecting the child’s well-being.
- Scheduled visitation. This is the most common type of order. It provides a specific, written schedule, including weekdays and weekends, holidays and school breaks, birthdays and special occasions, and pick-up and drop-off arrangements.
- Reasonable visitation. This order is more flexible. It gives parents freedom to work out the visitation times on their own without a strict schedule. It works best when parents communicate well and live close by. Because it is open-ended, it may cause disputes if parents do not get along.
- Supervised visitation. This is used when a child needs additional protection during visits. A supervisor must be present, either a court-approved family member/friend or a professional supervisor at a certified visitation center. Supervised visitation is ordered when there are safety concerns or a history of child abuse, domestic violence, or substance abuse.
- No visitation. The court orders no parenting time when any visitation, even supervised, would put the child at risk. This is rare and usually used when a parent poses a serious threat to the child, the parent refuses to comply with safety requirements, or there is ongoing domestic violence, severe substance abuse, or sexual abuse.
- Virtual/electronic visitation. Courts can order virtual contact through video calls, phone calls, email, or messaging. This is supplemental and not a replacement for in-person time. It helps maintain connection when parents live far apart or during deployments, emergencies, or illnesses.
What are the Best Interests of the Child?
In California, the best interests of the child standard means the court must make custody and visitation orders that support the child’s health, safety, welfare, and overall well-being. Below are the main factors courts consider.
- The child’s health, safety, and welfare. California law prioritizes safety above everything else. If there are safety concerns, the court may restrict or supervise visitation. Judges look at:
- Any history of child abuse, neglect, domestic violence, or substance abuse.
- Whether either parent puts the child at risk.
- The child’s physical and emotional needs.
- Stability and continuity. Judges try to avoid unnecessary disruptions. Courts want children to have:
- A consistent routine.
- Stable housing.
- Continuity in school, community, and activities.
- A predictable relationship with each parent.
- Each parent’s level of involvement. The court looks at how involved each parent has been, including daily care, emotional support, and participation in activities.
- Co-parenting ability. Judges favor parents who communicate respectfully, cooperate, share information, and encourage the child’s relationship with the other parent. Parents who create conflict may receive less time.
- Mental and physical health of the parents. Disabilities alone cannot be used to deny custody. However, the court will assess whether each parent’s mental or physical condition affects child safety, parenting ability, or emotional stability in the home.
- The child’s preference. Children 14 or older may express a preference, unless harmful.
Younger children may be heard if mature enough. The judge considers the child’s wishes but is not required to follow them.
Are Parenting Plans Required in California?
Parenting plans are effectively required whenever child custody or visitation is part of a case. California courts will not issue custody orders without some form of parenting plan, whether created by the parents or by the judge.
Parents can create their own parenting plan, which becomes a court order once the judge signs it. This plan must cover the following:
- Legal custody
- Physical custody
- Visitation schedule
- Holiday/summer schedules
- Transportation details
If the parents do not agree, a parenting plan is still required, but the parents must go through mandatory mediation. California requires custody mediation before a judge will decide.
If mediation fails, the court will:
- Review the evidence.
- Consider mediator recommendations (in recommending counties).
- Create a parenting plan for the parents.
This means that even if the parents cannot agree, the judge will still issue a plan.
Contact Us Today
When parents divorce, they want to ensure their children are receiving proper care from both parents. California’s custody laws focus on the child’s best interests, so it is all about the child’s needs.
A Newport Beach child custody attorney from The Bledsoe Firm will help you secure your time with your children and protect their best interests. We can even take complex cases to court if necessary. To schedule a consultation, fill out the online form or call (949) 749-3617.
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