Understanding Child Custody Laws in California

Navigating through a separation or divorce can be emotionally challenging, especially when children are involved.  Having practiced law for three decades, custody can take a serious emotional and financial toll.

A basic understanding child custody laws is crucial for parents who wish to make informed decisions about the upbringing and welfare of their children. California’s child custody laws aim to protect the best interests of the child, a standard that guides all decisions related to custody and visitation.  

While all parents believe they have the child’s best interest at heart, the toxic emotions released in the breakup of two intimate partners tend to distort reality making the children a projection of their own needs.

Here are some basic concepts:

Legal custody refers to the right to make important decisions about a child's health, education, and welfare. Generally, Parents can have joint legal custody, where both parents share the decision-making responsibilities, or sole legal custody, where only one parent has the authority to make major decisions about the child's life.  This is a basic definition, and you should consult with seasoned family law counsel for a more nuanced interpretation.

Physical custody determines with whom the child will live. Joint physical custody means that the child lives with both parents, although not necessarily on a 50/50 basis. Sole physical custody means that the child resides with one parent most of the time and typically visits the other parent. Again, as with legal custody, this is a basic definition, and you should consult with seasoned family law counsel for a more nuanced interpretation.

When determining child custody, the court is bound to consider the child’s best interests. This is a balancing of two sub-issues. One, ensuring the child’s frequent and continuing contact with both parents and two, ensuring that the custodial plan protects the child’ health safety and welfare.  In balancing these concerns, California courts consider several factors.

These factors include:

The court may also consider the child's preference if they are mature enough to make an informed opinion. 

Navigating child custody laws can be complex and emotionally draining. Understanding your rights and responsibilities as a parent can help you make the best decisions for your child's well-being. If you are facing a custody battle or need guidance on family law issues, consider speaking with a knowledgeable attorney at TLD Law. Our specialists are here to help you with personalized advice tailored to your unique situation.

Call: 949-756-0684

Email:  dgold@tldlaw.com