By Olivia Wathne, Esq. | Legally reviewed by Ally Marshall, Esq. | Last reviewed December 12, 2024
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When they separate, parents must agree on child custody arrangements. These arrangements include how they will make major decisions about their child moving forward (legal custody). They also must decide how they will share time with the child. Time with the child is parenting time, timesharing, or physical custody, depending on the state. If parents can't agree, courts will decide the best course of action based on the state's child custody laws.
All states, except Massachusetts, adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This article offers a general overview of child custody laws in the state of California.
In California, child custody has two primary types: legal custody and physical custody.
These arrangements allow parents to co-parent effectively. They help ensure the priority of the best interests of the child while balancing the parents' rights and responsibilities.
Each state has its own child custody laws. For more articles and resources, see FindLaw's extensive Child Custody section. The following chart highlights the basics of California child custody laws.
| Code section | § 3400 et seq. of the California Code, Family Code |
|---|---|
| Year Uniform Child Custody Act adopted (UCCJEA) | 2000 |
| Joint custody an option? | Yes, Fam. § 3080 presumes a joint custody |
| Grandparent visitation rights recognized? | Yes, Fam. §§ 3103 and 3104 |
| Child's own wishes considered? | Yes, Fam. § 3042(a) |
Note: State laws are always subject to change at any time, usually through the enactment of new statutes but sometimes through higher court decisions or other means. You may want to contact a California child custody attorney or conduct your own legal research to verify the state laws you are researching.
California courts must consider several child custody factors when deciding custody cases. The first and most important is the best interests of the child. This encompasses various elements such as the child's age, health, emotional ties, and ties to school and community. Also, any history of domestic violence, substance abuse, or neglect within the family is critically evaluated. The court also takes into account the child's preference, especially if the child is of sufficient age and maturity.
California child custody procedure centers mostly around creating a parenting plan, which details the custody arrangement and ensures it supports the child's well-being and mental health. If necessary, a custody evaluation may provide the court with a comprehensive understanding of the family's dynamics. The parenting plan must align with the child's best interests; otherwise, the court will not accept it.
If you and your ex are separating, you might not agree on who gets custody of the child or what the custody arrangement should look like. There are many factors to consider in a child custody case, but a family court's primary concern will be the child's best interests. One of the best ways to get a handle on the process is to seek legal advice from an experienced family law attorney.
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