What is the standard for determining child custody in California?

As in most states, child custody in California is based primarily on the premise of assuring the child’s health, safety and welfare. The California Family Code therefore empowers the court to make any orders for custody of minor children which “seem necessary or proper.” California courts are, however, committed to frequent and continuing contact with both parents; some form of shared parenting is sought in order to assure the children have such contact with both parents after the marriage is dissolved. The court’s goal is  to encourage parents to share the both the rights and the responsibilities of parenthood despite separation and divorce. That being said, as with most states, depending on your particular circumstances you could be awarded exclusive custody, sole physical custody without exclusive legal custody (or vice-versa), pure joint custody, joint legal custody, joint physical custody, or split custody. The relevant factors taken into consideration during determination of child custody include your child’s health, safety and welfare, any history of prior abuse, certain violent crimes such as first degree murder of the other parent, registered sex offender or child abuse conviction, child conceived of rape or a history of drug and alcohol abuse; these are all considered significant risks to the child. The court will further consider the stability and continuity of the child’s environment, separation of siblings, and finally, the actual wishes of the child, which the courts will “consider” and give “due weight” to.

Getting Legal Assistance

If you are in the middle of a child custody dispute in the state of California, the best interests of both you and your children will be best served by hiring an experienced divorce attorney to help you get the best custody arrangement for your children.