Child custody laws in California can be complex and confusing for many people.
This article aims to address frequently asked questions and answers about child custody in the Golden State.
What Is Child Custody?
Child custody refers to the legal rights and responsibilities related to your child. You may have child custody by virtue of your situation, or a formal custody order may be in place.
What Types of Child Custody Are There in California?
California recognizes two types of child custody:
- Legal custody: Legal custody refers to the right to make significant decisions regarding your child, such as those involving your child’s education, healthcare, religious upbringing, and extracurricular activities.
- Physical custody: Physical custody refers to the parent with whom the child lives on a regular basis.
Either or both forms of custody can be joint, in which the parents share the right, or sole, in which only one parent has the right.
However, like most states, California may recognize common law marriages entered into in another state, provided the couple complied with the requirements for their common law marriage to be recognized in that other state.
Who Decides on Child Custody?
Parents can agree on child custody, or a court can make the decision. If the parents do not agree, one parent can petition the court to request the child custody arrangement they are seeking.
If the court determines child custody, it does so by considering what is in the child’s best interests.
Which Factors Can California Courts Consider When Deciding Child Custody?
To determine what’s in the child’s best interests, California courts consider various factors, such as:
- The health and safety of the child, including any history of domestic abuse or neglect
- The child’s age
- The emotional ties between the child and each parent, their siblings, and the extended family
- The ability of each parent to provide for the child’s needs, including emotional support
- The continuity of a stable situation
- The ability of the parents to encourage frequent and continuing contact with the other parent
- Any regular and ongoing substance abuse by either parent
- The child’s preference
California courts prefer to award joint custody when possible, but they can award different types of child custody when they determine an alternative arrangement is in the child’s best interests.
What Is Visitation?
When the court awards sole custody to one parent, it may award visitation to the other parent. During visitation, the parent is responsible for the child, but then they return the child to the custodial parent after the visitation period.
There are different types of visitation in California, including:
- Scheduled visitation: When the court orders scheduled visitation, the parents must adhere to a specific schedule for visitation. The parents may agree to a particular schedule, or the court can order one. The schedule may include information about holidays, special occasions, and vacations.
- Reasonable visitation: Reasonable visitation is open visitation in which the parents can work out an arrangement that works for them. This type of plan is usually for parents who get along well and have good communication.
- Supervised visitation: Supervised visitation occurs when another adult must be present and supervise the interactions between the child and the parent. The custodial parent, another adult, or a professional agency may supervise visitation. Supervised visitation may be ordered when the court has concerns about the child’s safety and well-being, or when there has been a significant gap in time between the child and the parent, necessitating a period of reacquaintance.
The court can also decide not to award visitation to a parent if it determines that it would be physically or emotionally harmful, or not in the best interest of the children.
Will the Mother Automatically Be Awarded Child Custody?
Some people believe that courts favor mothers, viewing them as the natural caretakers. However, California law specifically prohibits its courts from considering the sex, gender identity, gender expression, or sexual orientation of the parent when determining what is in the child’s best interests.
Can I Move Out of State with My Child?
If a parent wants to relocate with a child to another state, they must receive the other parent’s consent or court approval first. They must provide notice at least 45 days before a move that will last more than 30 days.
The other parent can notify the court that they are objecting to the move. The court can then schedule a hearing to evaluate whether relocation is in the child’s best interests.
Is It Possible to Change Child Custody Arrangements?
After the original child custody order is put in place, changes may occur that provide grounds to change the order, such as:
- A job change with different hours
- A move
- A change in health
- Concerns about your child’s safety
If you want to modify the existing order, you must show a significant change in circumstances that affects your child’s best interests and convince the court that your proposed change would be in your child’s best interests. An attorney can help with modification actions.
Contact The Graves Law Firm for a Confidential Consultation With a Pasadena Child Custody Attorney
If you have any questions that go beyond the FAQs above or would like to know how California law applies to your specific situation, please contact The Graves Law Firm. We can discuss your specific case and how we can help during a confidential consultation.
Call us today at (626) 365-1037 to speak with our experienced Pasadena child custody lawyers.