As a parent, you want what’s best for your child—but so does the other parent. So how does the court decide who gets custody?
California law prioritizes the best interests of the child when making custody determinations.
If you’re going through a custody dispute, understanding how courts approach these decisions can help you prepare and advocate for your parental rights.
Legal vs. Physical Custody in California
California law recognizes two types of custody:
- Legal Custody: The right to make major decisions about the child’s upbringing, including education, healthcare, and religious practices.
- Physical Custody: Where the child lives and who is responsible for their day-to-day care.
Custody can be joint (shared between both parents) or sole (granted to one parent) depending on the circumstances.
Factors California Courts Consider in Child Custody Cases
A. The Child’s Best Interests
California courts are legally required to prioritize the child’s best interests.
This includes:
- The child’s health, safety, and welfare
- Any history of domestic violence or substance abuse
- The child’s emotional bond with each parent
B. Stability and Continuity
Judges often favor keeping a child’s life as stable as possible, including:
- Maintaining their current school, home, and community
- Keeping consistent relationships with siblings and extended family
C. Each Parent’s Ability to Co-Parent
The court looks at how well each parent can:
- Communicate and cooperate with the other parent
- Encourage a positive relationship between the child and the other parent
D. The Child’s Preference (If Age-Appropriate)
In California, children age 14 and older can express their preference for where they want to live, though the final decision is up to the judge.
E. Any History of Abuse or Neglect
If there is a history of:
- Domestic violence (against the child or the other parent)
- Substance abuse that affects parenting ability
The court may limit custody rights for that parent.
Can Custody Orders Be Modified?
Yes. Child custody orders can be changed if there’s a significant change in circumstances, such as:
- One parent relocating
- A change in the child’s needs or preferences
- New evidence of abuse, neglect, or substance abuse
If you need to modify an existing custody order, you must file a request with the court and prove why the change is necessary.
How to Improve Your Chances of a Favorable Custody Decision
- Stay involved in your child’s life
- Create a safe and stable home
- Communicate respectfully with the other parent
- Follow court orders and parenting plans
- Hire an experienced child custody attorney
Do You Need Legal Help with Child Custody?
Custody battles can be overwhelming, but you don’t have to navigate them alone. Having a trusted and experienced California child custody lawyer can make all the difference in protecting your parental rights and ensuring the best future for your child.
If you’re facing a custody dispute or need help modifying an existing custody order, contact us today to discuss your options. We’re here to provide compassionate, strategic legal representation—because your child’s future matters.
