subject: An Overview Of Child Custody Under California Divorce Law [print this page] Under California law, parents can either share custody of the children, or one parent can have sole custody of the children. Parents usually make a parenting plan that arranges child custody and visitation between them, and judges usually approve such plans. However, if the parents cannot reach an agreement on the parenting plan, then the judge will decide child custody and visitation. In such cases, the judge will usually have the parents meet with a mediator from Family Court Services before making a decision.
There are two types of custody:
Legal Custody who makes important decisions for your children, such as health care, education, and welfare.
Physical Custody who your children live with.
Legal Custody: Legal custody can be either shared between parents, or can be given to solely one parent. Parents with legal custody have the right and responsibility to make decisions about their childrens:
School or child care;
Religious activities or institutions;
Psychiatric, psychological, or other mental health counseling or therapy needs;
Doctor, dentist, or other health professional;
Sports, summer camp, vacation, or extracurricular activities;
Travel; and
Residence.
Physical Custody: Physical custody can be either shared between parents, or can be given primarily to one parent with visitations to the other parent. Shared physical custody is not necessarily a 50-50 split. When one parent has the children for more than half of the time, that parent is called the primary custodial parent. A parent who has the children less than half of the time has visitation with the children.
California Law on Child Custody
Under California law, the judge must give custody according to what is in the best interest of the child. Factors in considering what is best for the child include:
The age of the child;
The health of the child;
The emotional ties between the parent and the child;
The ability of the parents to care for the child;
Any history of family violence or substance abuse; and
The childs ties to the school, home, and community.
