How Child Custody Is Decided in California

When parents cannot agree on custody, a California judge makes the decision. Understanding the standard the court uses can help you focus your energy on what matters and set realistic expectations.

The best interest of the child

California courts decide custody based on the child's best interest. There is no automatic preference for mothers or fathers. Judges typically consider:

• The child's health, safety and welfare
• Any history of abuse or domestic violence
• The nature and amount of contact with each parent
• Any habitual or continual substance abuse
• The child's need for stability and continuity

California policy also favors frequent and continuing contact with both parents when that is safe and in the child's best interest.

Legal and physical custody

Legal custody is the right to make important decisions about the child's education, health care and welfare. Physical custody is about where the child lives. Each can be joint or sole, and many families end up with joint legal custody and a parenting schedule tailored to the child's age and needs.

Mediation comes first

Before a judge decides a contested custody issue, parents are typically required to attend child custody mediation or recommending counseling through the court. Depending on the county, the counselor may make a recommendation to the judge. Preparing for this meeting is one of the most important steps in the process.

Domestic violence findings

If a court finds that a parent committed domestic violence within the past five years, California law creates a presumption against giving that parent sole or joint custody. That presumption can be overcome only in limited circumstances.

Changing custody later

Custody orders can be modified when circumstances change. For a final order, the parent asking for the change typically needs to show a significant change in circumstances. Learn more about our child custody services or, if safety is a concern, about restraining orders.

This article provides general information, not legal advice, and does not create an attorney-client relationship.