Child Custody In California
Child custody battles are common. As with most legal matters, it’s never entirely black and white. It’s important to understand how parenting plans work, the different types of child custody, and how they function. Here, we'll look at the differences, similarities, and how each type works.
Knowing what options exist helps determine which type or types of custody best fit your situation.
First, it should be noted that child custody laws are the same, regardless of marriage.
In fact, 1/3 of our child custody cases are for unmarried parents.
Let's get started.
What is a Parenting Plan?
A parenting plan is the court document that addresses custody matters. It’s a legal roadmap that's incredibly difficult to redraw once complete.
These court orders lay out:
- where a child lives,
- how much decision-making power you have,
- how much time you spend with your child,
- everything involving custody and visitation rights.
- it sets out how much time you get to spend with your kids
- and how much influence you have in their upbringing.
Types of Child Custody in California
The term “child custody” is a broad, overarching term. It covers everything related to the welfare and upbringing of a child. This includes parental rights, obligations, and more.
Because of this, it’s key to understand the nuances and how they work in conjunction. This goes a long way to helping you understand why a custody arrangement looks like it does.
Legal custody
Legal custody gives a parent the right to make decisions about a child’s life.Physical Custody
Physical custody grants a parent the right to have a child live in his or her home.Joint custody
Joint custody can refer to either physical or legal custody. It’s when both parents participate in raising a child while living separately.Sole Custody
Sole custody is when the court gives one parent physical and legal custody of a child. The child lives with one parent who maintains authority to make all the decisions about upbringing and welfare. Courts rarely award true sole custody.An In-depth Look at the Types of Custody
LEGAL CUSTODY
According to the Superior Court of California, legal custody determines the parent “who makes important decisions for your children (like health care, education, and welfare).” In short, this type of custody gives a parent the right to make decisions about their child’s life.
Even within this subset, there are other subsets.
SOLE LEGAL CUSTODY means one parent alone holds all the rights and responsibilities to make decisions regarding the children’s school, doctors, and general welfare.
JOINT LEGAL CUSTODY means both parents share the decision-making rights and responsibilities. They cooperate on all important decisions regarding the child’s upbringing.
When you have legal custody, you decide how a child will be raised. This empowers you to make a wide breadth of decisions.
For instance, you decide:
- What schools the children attend.
- How they spend their free time.
- Extracurricular activities they participate in.
- Even what religion they practice.
Joint legal custody can become contentious when parents disagree on key issues. In situations where both parents struggle to reach a consensus, they often must turn to a judge to decide who will make the final decision.
On the other hand, sole legal custody eliminates conflicts that arise during disagreements over decision-making. It can reduce tension, though it can lead to resentment among the parent who doesn’t have a say.
This type of custody most commonly occurs when one parent is absent and unavailable to participate in decisions about a child’s upbringing.
Physical Custody
Physical custody refers to the right of a parent to have their child live in their home. This type of custody determines where the child resides. Typically, in these cases, the child primarily lives with one parent, while the other parent has visitation rights.
The specifics of these arrangements can vary depending on the circumstances; for example, there may be unsupervised visits on weekends or overnight stays during holidays, or the court may order supervised visits for a few hours.
The way courts decide on physical custody matters is significant. The child's living arrangements and daily routines influence many of the court's future decisions.
Like legal custody, physical custody can either be sole or joint. However, when a judge awards joint physical custody, it does not always mean that both parents will have the same amount of time with the child.
Sole Custody
Sole custody refers to a situation where a child lives exclusively with one parent, who has both legal and physical custody. This means that this parent has the authority to make all significant decisions regarding the child's upbringing and welfare.
Most courts are generally reluctant to grant sole custody, as the prevailing belief is that having both parents involved in a child's life is in the child's best interests.
Sole custody arrangements are typically reserved for specific situations, such as:
- When it is unsafe for the child to be with one parent.
- When the parents cannot work together.
- When the other parent is deemed unfit.
If you seek sole custody, you must provide evidence that shared custody would not be in the child's best interest. As mentioned, courts usually only award sole custody in cases with extenuating circumstances, often related to abuse, neglect, or potential harm posed by one parent.
Joint Custody
Joint custody refers to a situation where both parents are involved in raising their child, despite not living together. This concept encompasses both legal and physical custody, or a combination of both.
Joint custody is one of the most common arrangements for child custody and can be categorized in several ways.
For instance, a father may have sole physical custody, while the mother shares joint legal custody. This arrangement means that both parents are responsible for making decisions regarding their child's upbringing.
Typically, joint physical custody also includes joint legal custody. However, parents can share joint legal custody without joint physical custody.
Joint physical custody works best when both parents live near each other. This proximity makes it easier to shuttle the children back and forth, pick them up from school, attend soccer games, and manage other responsibilities. In these situations, children usually spend substantial time at both homes.
When parents live further apart—such as one parent residing in Carlsbad and the other in Chula Vista—scheduling becomes more complex.
A typical arrangement in such cases is for the child to stay primarily with one parent during the week and alternate weekends and holidays with the other, leading to a typical "weekend parent" scenario.
Will Your Children Have To Testify?
Generally no. When ruling on child custody cases, the overriding factor they consider is the child’s best interests, and it's usually in the best interest of the child to not be dragged into any custody dispute.
When it comes to a child testifying in family court cases, there are regulations. Rule 5.250 of the California Rules of Court lays out the guidelines. There is no specific age limit, and whether or not to allow such testimony varies from case to case. It also depends on the individual judge.
Ultimately, it’s about striking a balance between valuing the child’s input and protecting their interests.
If a child wants to testify, the court must balance their well-being with the benefits of the case. The rule establishes guidelines for protecting the child, for how the court receives testimony, for the responsibilities of court-appointed adults, and more.
What Are Common Ways People Damage Their Custody Case?
Like other family law cases, child custody battles often become complex and heated. Too often, mistakes, errors, or lapses in judgment have significant and lasting consequences. With that in mind, here are a few common, easily avoidable missteps.
Don't Move Out Too Soon
At this stage in the process, it's common for spouses to live separately. However, many people don't realize that this can negatively impact child custody cases.
Even if you want to distance yourself from your spouse, moving out and leaving your children behind before temporary orders are in place can reflect poorly on you as a parent.
It may come across as though you are not a committed guardian or that you have abandoned your kids. Regardless of the truth, this perception often remains. In contentious cases, the other party might exploit this situation to portray you in a negative light.
Related Reading: What Are The Consequences of Moving Out Too Soon?
Spend As Much Time With The Kids As You Can
It's challenging to present yourself as the best parenting option if you seldom spend time with them. Even if it's not true, it may come across as though you aren't interested, which could negatively impact your child custody claims.
Avoid skipping scheduled visitations. Not only is this harmful to your children, but it can also undermine your legal standing in custody matters.
Additionally, keep a detailed record of the time you do spend with your kids.
If you attend a ball game or a movie, for example, hold onto the tickets as proof. This way, if your ex-partner claims that you don’t see your children enough, you will have evidence to counter any assertion.
Follow The Temporary Orders
Temporary orders often come into play when parents are in dispute over custody. These orders are designed to ensure that children are well cared for throughout the legal process.
They outline where the kids will live, visitation schedules, and who has decision-making authority in the short term. One common issue that can negatively impact child custody cases is the failure to adhere to these orders.
Although they are temporary, these decrees are still official court orders.
Disobeying them can lead to serious consequences. It is vital to stick to the visitation schedule and communicate any necessary changes in advance.
Avoid making unilateral decisions, like keeping the children for an extra night or taking them out of town to visit relatives, as these actions can harm your case and result in fines, contempt charges, or even jail time.
Don't Refuse To Cooperate
One factor that can negatively impact custody claims is a refusal to cooperate. It's important to maintain a level of communication and collaboration with your ex.
Even if you dislike your ex or prefer not to see them again, this is often not an option when you have children. Set your differences aside and focus on your kids. They need your time and attention, not your conflicts with your ex.
Make Support Payments (If ordered)
Courts can also issue temporary child support orders. It is crucial to make the required payments, as they are legally binding. Ignoring them can have serious consequences.
When you make these child support payments, it’s also important to leave a paper trail. Use methods you can track, like checks or bank transfers. That way, if your ex claims you didn’t pay, you can show otherwise.
How to Prepare For A Custody Battle
Whichever parent provides the best, safest, most supportive environment usually winds up with custody.
You may well be most fit to be the primary parent. However, you still have to demonstrate that fact. Here are some ways to prepare for child custody cases and show that you’re the ideal parent.
Keep Records
Spend time with your kids when you have the opportunity. Take advantage of the chances to be with them and do all the things parents do.
Also, keep track of this involvement. Collect records of your activities, both daily occurrences and special occasions.
If you go to a Padres game, hold onto the ticket stubs. Save pictures from a weekend camping trip. Keep a record of your parenting time and all that it entails.
Gathering evidence goes a long way to showing your parental dedication to the court. It should also form a big part of preparing for child custody cases.
Be Involved
If you have visitation, don’t skip scheduled visits if you can help it. Show up to school plays, soccer games, band concerts, graduations, and other important activities.
Nothing demonstrates your desire to remain in your child’s life like actively participating in it.
And don’t just appear at the fun stuff, either. Take the kids to their dentist appointments and go to parent-teacher conferences.
Gather Witnesses
Common witnesses include teachers, doctors, neighbors, therapists, or child-care providers. This means anyone with insight into your situation or who can speak to your parenting abilities and relationship with your child.
The courts want to gather as much information as possible to make an educated decision.
Hire a Child Custody Attorney
Child custody cases often turn heated and confrontational. Emotions run hot, tempers flare, and people may not think straight.
A knowledgeable attorney helps calm you down when you don’t act rationally, guides you through the process, and advises you on how to move forward.
In-Depth: Finding The Best Child Custody Attorney (For YOUR Case)
Stay Calm
You will probably get frustrated. Your ex may infuriate you at times. But blowing your lid doesn’t do you any favors. Judges may even dismiss legitimate claims if you frequently act irrationally.
Keeping an even keel makes it easier to make rational, realistic decisions. If you know you’re prone to emotional outbursts, take whatever steps necessary to keep yourself in check.
These are just a few things to know about child custody in California. Whether you expect conflict or not, having a solid understanding of what to expect in your child custody case is key.
Whatever measures you take, it’s vital to lay the groundwork. Spend the time and energy to create a sound approach, it will only benefit your cause.
