When you file for separation or divorce In California, you and your partner must agree on a child custody arrangement that works best for your circumstances and your children’s well-being.
However, if you and your partner cannot agree to a decision, the court will determine this for your family based on the state’s child custody laws.
How do courts determine the child’s best interests?
The courts follow a set “child’s best interests” standard when making decisions that involve children, such as in cases of custody and visitation, stepparent adoption and guardianship.
Under this legal standard, the judge will assess several key factors about your family, including:
- The children’s age and health
- The children’s emotional ties with each parent
- The children’s ties to their school and community
- Each parent’s ability to care for their children
- If there is a history or ongoing substance abuse from either parent
- If there is a history of abuse or domestic violence from either parent
By considering all key factors, the judge can make a custody decision that prioritizes your children’s safety and welfare.
What are the types of custody in California?
There are two main types of custody in the state. They are:
- Legal custody: The right of one or both parents to make significant decisions about their children’s upbringing (e.g., education, healthcare, religion).
- Physical custody: This refers to which parent the children will live with.
Each type can be awarded as “sole” or “joint” — which then determines how you and your partner will share your parental duties and time-sharing schedules with your children.
By learning about the state’s child custody laws and processes, you and your partner can make informed decisions about your children’s custody arrangements that can help provide them with the most suitable living environment.