Getting Sole Physical and Legal Custody of Your Child
A parent may want to be the only parent to have legal and physical custody of your child. Here’s how to get sole child custody in California.
In child custody cases, California law places great emphasis on the best interest of the child. Therefore, courts tend to award equal child sharing time or joint custody whenever possible. However, in some cases, it may be deemed best for one parent to retain sole custody.
Legal vs. Physical Custody
Sole custody can refer to either legal custody or physical custody, and it is important to understand the difference. Legal custody means the person who makes important decisions for your children like healthcare, education, and welfare. Physical custody means who your children physically live with.
Both legal and physical custody can be either joint or sole. Sole custody would appear as follows:
- Legal Sole Custody
- Only one parent has the right and responsibility to make important decisions regarding health, education, and the welfare of the child
- These choices can include:
- School or child care
- Religious activities or institutions
- Psychiatric, psychological, or other mental health counseling or therapy needs
- Doctor, dentist, orthodontist, or other health professionals (except in emergency situations)
- Sports, summer camp, vacation, or extracurricular activities
- Travel
- Residence (where the children will live)
- Physical Sole Custody
- Children live with one parent most or all of the time; the other parents will usually get visitation
Related: Child Custody Laws in California
Reasons for Awarding Sole Custody
Before going through a custody case, it is important to know the reasons courts would grant sole custody to one party. Courts may consider sole custody when the other parents:
- Has committed domestic violence
- Has committed child abuse
- Has made false allegations of abuse
- Lives with a substance abuse problem
- Emotionally abuses the child
- Has never cared for the children and thus does not have the skills to do so
- Is a proven flight risk due to allegations you intend to make
How to Get a Custody and Visitation Court Order
There are multiple ways to get a custody and visitation order including:
- Parents writing up their own custody and visitation agreement. This can be started by filling out two forms: Stipulation and Order for Custody and/or Visitation of Children (Form FL-355) AND Child Custody and Visitation Order Attachment (Form FL-341).
- OR partaking in custody mediation
However, if you seek sole custody of a child, you and the other parent will most likely have to meet with the judge. From there the judge will then decide your custody and visitation schedule, typically only granting sole custody under the circumstances laid out previously. In some cases, judges may appoint child custody evaluators to conduct a custody evaluation. Parents may also request an evaluation, but that may not be granted.
Related: How to File for Child Custody in California
What Evidence Will A Judge Need in Order to Award Sole Custody?
Per Family Code 3044, getting full custody is very possible if a parent has a record of domestic abuse or violence against their child or the other parent. Other than for domestic abuse, judges may order sole custody due to the other parent’s substance abuse issue. However, Family Code 3041.5 requires more than just an accusation of substance abuse; often a drug test from the accused parent is required.
If you want to gain sole custody of your child, you must present a strong case to the court. The court and the judge will put the well-being of your child above all else. Therefore, you need as much evidence as possible in order to successfully get sole custody of your child.
Contact Her Lawyer
If you or a loved one wants to get sole custody in California, contact us. We’ll get you in touch with the best attorney for your unique legal situation. Get your free consultation with one of our California Child Custody Attorneys for Women today!