California separates custody into legal (decision-making authority) and physical (where the child lives) rights. Judges begin each case on neutral ground, evaluating the family under the broad “best interest of the child” standard in Family Code §3011. Because custody determines schooling, health care, and day-to-day stability, it frequently drives the most intense negotiations in divorce and parentage matters. This guide breaks down every phase—from mediation to modification—so you can approach the process informed, organized, and focused on your child’s long-term well-being.
1. Types of Custody
California offers several configurations that combine legal and physical responsibilities. Parents most often share both under joint custody, but sole custody remains available when one household clearly offers greater stability. Hybrid models such as bird-nesting keep the child anchored in one residence while parents rotate, while supervised visitation protects children when safety is in question. Understanding these frameworks helps you tailor a schedule in your parenting plan instead of forcing your family into a legal mold.
| Arrangement | Decision-Making | Child’s Overnights | Pros | Cons |
|---|---|---|---|---|
| Joint Legal & Joint Physical | Shared | Split between homes | Balanced involvement, flexibility | High coordination required |
| Sole Physical, Joint Legal | Shared | Primarily one home | School continuity | Travel burden for visits |
| Bird-Nesting | Shared | Child stays, parents rotate | Stability for child | Costly extra housing |
| Supervised Visitation | Limited | Monitored sessions only | Protects child safety | Emotional strain, added fees |
2. How Courts Decide
Judges weigh nine statutory elements under Family Code §3011: the child’s safety, history of abuse, stability of each home, parental cooperation, continuity of community ties, and more. The typical decision flow looks like this:
- Petition filed — custody requested on FL-100 or FL-300.
- Mediation — mandatory orientation and joint session.
- Temporary orders — set at the first court hearing.
- 730 evaluation — ordered if allegations require expert review.
- Trial or settlement — final schedule entered as judgment.
3. Custody Evaluation & Mediation
When parents remain deadlocked after mediation, the court may order a 730 evaluation. A licensed psychologist or social worker interviews each parent, observes the child, and consults teachers or doctors before drafting a recommendation. Evaluations are expensive but often catalyze settlement by highlighting each household’s strengths and gaps. Before you reach that step, use mediation wisely: show up with a draft schedule, listen actively, and avoid turning the session into a blame-fest. Learn more in our mediation vs. litigation guide.
4. Parenting Plans & Schedules
Judges prefer detailed parenting plans that specify weekday exchanges, holiday rotations, and dispute-resolution rules. Popular schedules include 2-2-3, 3-4-4-3, and week-on/week-off. Insert a simple grid like the one below into FL-311 so the court sees the rhythm at a glance:
Mon Tue Wed Thu Fri Sat Sun P1 P1 P2 P2 P1 P1 P1 (Week A) P2 P2 P1 P1 P2 P2 P2 (Week B)
5. Move-Away & Relocation
A move that disrupts the other parent’s “frequent and continuing contact” triggers scrutiny. Under Burgess, a primary custodian may relocate unless the move is in bad faith; under La Musga, courts balance child welfare, parental motives, and logistics when parenting time is roughly equal. Support your move-away request with evidence—job offer letters, school rankings, travel plans—and propose generous virtual visitation.
6. Modifying Custody Orders
Once a final order exists, alterations require a material change in circumstances. Common catalysts: relocation, child’s evolving needs, or chronic non-compliance. File Form FL-300, serve 16 court days before the hearing, and attach your updated schedule. Emergency ex-parte requests are reserved for immediate risks; misuse can backfire.
7. Enforcing Custody & Visitation
Missed exchanges and withheld holidays justify enforcement. Options include police standby, make-up time, contempt proceedings, or a shift in primary custody. Detailed logs from co-parenting apps like OurFamilyWizard or TalkingParents become crucial evidence. Explore each remedy in our enforcement guide.
8. Special Situations
Domestic violence triggers a rebuttable presumption under §3044 against awarding custody to the offending parent. Substance abuse may lead to testing or supervised visitation. For special-needs children, judges examine which parent adheres to IEPs and medical regimens. Tailor evidence—therapy logs, medication records—to prove you meet the child’s unique needs.
Frequently Asked Questions
Quick-Reference Checklist
- Recent report cards & attendance printouts
- Three months of child-focused text or app logs
- Draft holiday & vacation schedule
- Current driver’s license or photo ID
- Proof of childcare & extracurricular costs
- Pediatric and dental visit summaries
- Commute-time map between homes and school
- Emergency contact list for both households
- Any restraining or protective orders
- Overnight count log for each parent