Custody and parenting time

Types of custody

• Legal custody: who makes major decisions about the child’s health, education, and welfare. It can be joint or sole.
• Physical custody: where the child lives. It can be joint or primarily with one parent, with a schedule of parenting time for the other.

How courts decide

California courts decide custody based on the child’s best interest. The law lists factors including the child’s health, safety and welfare, any history of abuse, the nature of contact with each parent, and substance use. The court generally supports frequent and continuing contact with both parents when it is safe.

If a court finds that a parent committed domestic violence against the other parent, the child, or certain others within the past five years, the law presumes that giving that parent custody is not in the child’s best interest. The parent can try to overcome the presumption.

Children 14 and older can generally address the court about custody if they wish, and younger children may be heard when appropriate.

Mediation

When parents disagree, they meet with a Family Court Services mediator or counselor before the court decides. In some counties the counselor makes a recommendation to the judge. Separate sessions are available when there is a history of domestic violence.

Parenting plans

Parents who agree can submit a written parenting plan for the court to approve as an order.