Child Custody Laws in California 2026: Complete Guide

Understanding child custody in California is essential for parents going through divorce or separation. California courts prioritize the best interests of the child when making custody decisions. This guide explains the types of custody, how courts decide, and what you need to know.

Types of Child Custody in California

California recognizes two main types of custody, each with different arrangements:

Legal Custody

Legal custody refers to the right and responsibility to make important decisions about your child's life, including:

• Education (school choice, special education)
• Healthcare (medical treatments, therapy)
• Religion (religious upbringing)
• Extracurricular activities

Joint Legal Custody: Both parents share decision-making authority (most common arrangement)

Sole Legal Custody: One parent has exclusive right to make major decisions

Physical Custody

Physical custody determines where the child lives and the time-sharing schedule:

• Joint Physical Custody: Child spends substantial time with both parents
• Sole Physical Custody: Child lives primarily with one parent; the other has visitation
• Primary Physical Custody: Child lives mostly with one parent but has regular visitation with the other

Best Interests of the Child

California courts use the "best interests of the child" standard. Factors considered include:

Primary Factors

• Health, safety, and welfare of the child
• History of abuse or domestic violence (given highest priority)
• Child's age and health
• Emotional ties between child and parents
• Each parent's ability to care for the child
• Child's connection to home, school, and community
• Child's preference (if mature enough, typically age 12+)
• Each parent's ability to provide stability
• Willingness to facilitate relationship with other parent
• Substance abuse by either parent

What Courts Do NOT Consider

• Parent's gender (California does not favor mothers over fathers)
• Parent's sexual orientation
• Disability alone (unless it affects parenting ability)
• Parent's work schedule (unless extreme)

Getting a Custody Order

Types of Custody Orders

1. Temporary Custody Orders

• In effect while your case is pending
• Can be requested early in divorce/separation proceedings
• Usually based on status quo and immediate safety concerns

2. Permanent Custody Orders

• Final custody arrangement after case conclusion
• Can be modified if circumstances change significantly
• Remains in effect until child turns 18 (or 19 if still in high school)

How to Obtain a Custody Order

Step 1: File Petition

File either:

• Petition for Dissolution (if divorcing)
• Petition for Custody and Support of Minor Children (if unmarried parents)

Step 2: Serve the Other Parent

Have someone age 18+ who is not involved in the case serve the paperwork on the other parent.

Step 3: Attend Mediation

California requires parents to attend Child Custody Recommending Counseling (CCRC) before a hearing:

• Free mediation service provided by the court
• Mediator helps parents create parenting plan
• If parents agree, mediator prepares agreement for court approval
• If no agreement, mediator may make recommendations to judge

Step 4: Court Hearing

If mediation doesn't resolve issues, attend court hearing where judge decides custody.

Parenting Plans and Visitation Schedules

Common Parenting Time Schedules

2-2-3 Schedule:

• Parent A: Monday-Tuesday
• Parent B: Wednesday-Thursday
• Alternates: Friday-Sunday
• Good for: Young children, parents live close

Week On/Week Off:

• Child alternates weeks between parents
• Good for: School-age children, cooperative parents

Every Weekend:

• One parent has weekdays, other has weekends
• Good for: When one parent works weekends or children need school-week stability

Holiday and Vacation Schedules:

• Alternate major holidays (Thanksgiving, Christmas, etc.)
• Split school breaks (winter, spring, summer)
• Special provisions for child's birthday, Mother's/Father's Day

Modifying Custody Orders

You can request custody modification if there's a significant change in circumstances, such as:

• Relocation of one parent
• Change in child's needs (medical, educational)
• Parent's substance abuse or mental health issues
• Child's preference changes (for older children)
• Domestic violence concerns
• Substantial change in parent's living situation

Modification Process

1. File Request for Order (Form FL-300)
2. Serve other parent
3. Attend mediation
4. Court hearing if no agreement

Enforcing Custody Orders

If the other parent violates the custody order, you can:

• File for contempt of court
• Request modification to supervised visitation
• Contact local police if child is not returned
• File for emergency orders if child is in danger

Move-Away Cases

If a parent with primary custody wants to move with the child, California has specific rules:

If Parents Have Joint Custody:

The moving parent must get:

• Written consent from other parent, OR
• Court order allowing the move

Factors Courts Consider:

• Distance of proposed move
• Child's age and relationship with both parents
• Reason for move
• Impact on child's education and stability
• Feasibility of modifying visitation schedule
• Each parent's reasons for supporting/opposing move

Grandparent Visitation Rights

California allows grandparents to request visitation in specific situations:

• Parents are separated or divorced
• One parent is deceased
• Child does not live with either parent
• Parent joins grandparent's petition for visitation

Grandparents must prove visitation is in the child's best interest.

Frequently Asked Questions

Can my child decide which parent to live with?

Children age 14+ can address the court and express preferences, but the judge makes the final decision based on the child's best interests. Younger children's preferences are considered based on maturity level.

What if the other parent has a criminal record?

Criminal history is considered, especially crimes involving violence, child abuse, or drug offenses. The court may order supervised visitation or restrict custody based on the nature and timing of convictions.

How much does it cost to get a custody order?

Filing fees range from $435 to $450. If you cannot afford fees, you can request a fee waiver (Form FW-001). Mediation through the court is free. Attorney fees vary widely from $3,000 to $25,000+ for contested custody cases.

Can custody be changed if my ex remarries or has a new partner?

Remarriage alone is not grounds for modification. However, if the new spouse or partner poses a danger to the child or significantly impacts the child's welfare, you may request modification.

What if my ex violates the custody order?

Document violations and file a request for order seeking enforcement. Repeated violations can result in contempt charges, modification of custody, or even change to sole custody.