Child custody determinations after divorce or separation can be extremely difficult for California families. Over one-quarter of children under 18 live with just one parent, a situation often created by custody arrangements. This article provides an overview of California child custody laws and tips for achieving the best outcome for your children, according to lawyers handling child custody cases in San Diego.
Legal vs. Physical Custody
There are two components to child custody in California – legal and physical. Legal custody refers to decision-making authority for issues like education, religion and medical care. Physical custody determines where the children live. Courts favor joint legal custody so both parents can be involved in major decisions. However, physical custody arrangements vary greatly based on factors like parenting timeshare and distance between parents’ homes.
Presumption for Joint Custody
Since the 1980s, California has had a presumption that joint custody is in the best interest of children. This presumption can be rebutted in cases involving domestic violence, substance abuse or other issues making joint custody harmful. Otherwise, courts will aim to award joint legal custody and allow substantial parenting time for both parents. In 2018, over 4 out of 5 custodial parents were mothers, but fathers have become more likely to gain custody over time, increasing from 16% in the 1990s to over 20% in 2018.
Child Support Compliance
Around 30% of parents entitled to receive child support report getting no payment at all from the other parent. The custody order should clearly spell out each parent’s financial obligations for supporting the children. A family law attorney can help craft custody and child support agreements that are in your children’s best interests.
Best Interest Factors
California family law code section 3011 lists factors judges consider in determining the children’s best interest:
- Health, safety and welfare of the child
- History of abuse
- Amount of contact with both parents
The court has broad discretion in weighing these factors. An attorney can advise you on which issues to emphasize in your case.
Developing a Parenting Plan
A key part of any child custody case is the parenting plan. This document sets forth the timeshare schedule and logistics for legal and physical custody. For example, the plan may state one parent has the children Monday through Wednesday, the other gets Thursday through Saturday, and they alternate Sundays. Holidays, school breaks and vacations also need to be addressed.
Custody Evaluations
If parents cannot agree on custody, the court may order a custody evaluation. A court-appointed professional will interview family members, make home visits and issue a custody recommendation. The goal is providing an objective perspective on the children’s best interests. However, evaluations are costly and time consuming.
Mediation vs. Trial
Before going to trial, California courts require parties to attempt mediation. An experienced child custody mediator helps parents communicate and craft a parenting plan. Mediation is confidential, less adversarial and faster than litigation. Over 90% of mediations result in complete or partial agreement. However, if you still cannot find common ground, your case will go before a judge at trial. Trials should be a last resort, as they maximize acrimony between parents.
Work with a Trusted Attorney
Navigating California’s complex child custody laws is difficult without legal expertise. An attorney can advise you at every stage, whether negotiating agreements or litigating your case. Especially in high conflict custody disputes, skilled legal counsel is essential.
