Factors that Determine Child Custody in California

Determining Child Custody in the State of California

In the State of California, the best interest of a child is prioritized in legal matters. Here are 7 factors that determine child custody in California.

There are two types of custody orders: physical and legal. Physical custody refers to who the child lives with. On the other hand, legal custody refers to who makes important decisions on behalf of a child. Judges will review an assortment of factors before assigning custody or finalizing a custody agreement.

What is a custody order?

In the case of divorce, child custody deals with parents’ rights and responsibilities when caring for their child. In the State of California, child custody orders are given by a judge and determine whether or not one parent has full custody or both parents share custody of the child. Additionally, the judge assists in creating an arrangement, or parenting plan, that deals with specific custody or visitation details. Typically, parents will agree on a plan that the judge will finalize. In the case that parents cannot agree on a custody arrangement, the judge will be responsible for making a final decision at a court hearing. Furthermore, there are two types of custody in the State of California. Physical custody and legal custody will be discussed in further detail below.

Physical Custody

Physical custody refers to who the child or children live with. There are generally two options for physical custody: joint and sole (or primary). Joint physical custody involves the children living with each parent half of the time. More often than not, one parent will spend more time with the children than the other. This typically leads to joint physical custody, where one parent becomes the primary custodial parent. The primary custodial parent is the parent with who the children spend more than half of their time with. Often, splitting time directly in half being too complicated. Further, sole or primary physical custody involves the children residing with one parent for a majority of the time, with only visits to the other parent.

In some cases, judges will not give parents joint physical custody, but will rather assign them joint legal custody. Having joint legal custody means that despite the children residing with one parent for a majority of the time, both parents are equally responsible for making important decisions on behalf of the children’s lives.

Legal Custody

Legal custody refers to the rights of one or both parents when it comes to making important decisions on behalf of the children. Important decisions are necessary to be made about different aspects of children’s lives. Some of these aspects include but are not limited to:

The child’s education, including the school they attend and the child care they receive when young
The child’s involvement in religion, particularly in the case of attending religious institutions or partaking in religious activities
Any mental health counseling that a child receives, including psychiatric, psychological, or therapeutic involvement
The extracurricular activities the child participates in, such as summer camps, vacations, and sports

There are generally two types of legal custody: joint and sole. Joint legal custody refers to both parents having the legal entitlement and responsibility to make important decisions on behalf of the children. Sole legal custody refers to only one parent having the legal entitlement and responsibility to make important decisions on behalf of the child.

Although parents that share legal custody make decisions on behalf of their children together, they are not expected to agree on every choice. Parents are allowed to make decisions on their own, however, communication is important to avoid problems that could lead to future court involvement.

What factors do judges review before assigning custody?

In California, judges will base their custody decisions on what they believe will be in the best interest of the child. Thus, they review a wide assortment of factors as well as the entire situation presented to them prior to making a decision.

7 of the most common factors that judges evaluate before making a custody decision include:

1. The health of the child

Courts will most likely favor the parent who provides the child with more care, especially if the child requires regular medical treatment due to a particular health condition.

2. The emotional connection between the child and the parent(s)

Courts evaluate the bond(s) between the parent(s) and child, and prefer to make decisions that will not impair any emotional connections between the two unless it works against the child in any way.

3. The age and sex of the child

Courts will not discriminate based on gender, but will rather evaluate certain circumstances that may lead to a benefit of placing the child with a same-sex parent. The most common example of this would be in the case of an infant that is breastfeeding, and thus needs to be in constant contact with their mother.

4. The child has special needs or needs more care due to a physical or mental health condition

Some examples of such conditions include autism or cerebral palsy. Courts will evaluate which parent provides more care for the child, and thus benefits the child more.

5. The ability of a parent to provide care for the child

Courts will look at the parent’s physical and financial means to determine how well each parent can care for the child.

6. The mental and physical health of parents

If a parent struggles mentally or physically, their ability to care or make good decisions on behalf of their child may be impaired. Thus, courts will evaluate whether parents struggle mentally or physically, as well as how much they struggle if they do.

7. The family’s past in regards to domestic abuse

Courts will most likely not physically place a child with a parent that has a history of domestic abuse, as this could endanger the child.

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