IIn California, child custody refers to the amount of time a child spends in each parent’s household. When parents separate or divorce, they need to establish a custody arrangement that outlines the amount of time a child spends with each parent and decisions related to the child’s school, health, doctor, extracurricular activities among other decisions. California has various types of custody schedules.
A stepchild is not a child of the parties’ relationship. Therefore, courts lack power to entertain a stepparent’s custody request based solely on the fact of a stepparent-child relationship.
California follows the principle of “best interests of the child” when determining initial custody orders in a parentage or divorce action. The court will consider various factors, including the child’s age, health, welfare and safety, any history of domestic violence or habitual use of controlled substances, and the child’s relationship with each parent. The court does not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
It’s important to note that the court considers each case individually and weighs each factor differently depending on the circumstances.
It is the public policy of California to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, to encourage parents to share the rights and responsibilities of child rearing.
Custody is divided into two parts in California: legal custody and physical custody. Legal custody refers to the ability of each parent to make decisions about the child’s education, healthcare, upbringing, extracurriculars and religious matters. Physical custody refers to where the child lives and spends their time.
Custody orders can be either sole (in certain circumstances) or joint. Sole custody means that one parent has primary physical and legal custody, while the other parent may have visitation rights also popularly known as parenting time. Joint custody means that both parents share physical and legal custody, and the child spends significant time with both parents.
In custody decisions, the child’s preference can be a factor that the court considers after the child reaches a certain age, but it is not the sole determining factor.
In California, if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court may consider a child’s wishes. However, the court will also take into account other factors, such as the child’s best interests and the ability of each parent to provide a safe and nurturing environment. The court may appoint a minor’s counsel or a child custody investigator to hear a child’s preference. The court will also provide an alternative to having the child address the court in the presence of the parties in order to obtain input directly from the child or hear from the child in chambers.
