Can I get sole custody in my child custody case in California?

The short answer is that it depends. Yes, it is entirely possible to receive both sole legal and physical custody of your children, but it is not a guarantee. There are several factors that can impact whether you can obtain sole custody of your children, and the court adjudicating your case will weigh them to determine their custody decision.

To begin with, California has a presumption that it is best for both parents to share legal and physical custody of their children. The motivation behind this is that the state has determined that it is good for children to have both of their parents involved in their lives. This presumption can be undone if the factors in your case show that one parent should not have shared custody of their child.

The Best Interest Of The Children

The standard that every judge is required to apply in a custody case is to look at what is in the best interests of the child and apply the result that flows from that analysis. These factors include, but are not limited to:

1.       Child’s health and safety: The primary consideration is the physical safety and health of the child. Any history of abuse, neglect, or domestic violence is taken very seriously and can heavily influence custody decisions.

2.     Emotional and developmental needs: Courts assess the child’s emotional ties and developmental needs. This includes the emotional bond between the child and each parent.

3.     Continuity and stability: Courts prefer to keep disruptions in the child’s living situation, schooling and community ties to a minimum. They may favor arrangements that allow the child to remain in a familiar environment.

4.     Parenting ability: The court evaluates each parent’s ability to care for the child, as well as the willingness to foster a positive relationship with the other parent.

5.     Child’s wishes: Depending on the child’s age and maturity, their preferences may be considered as one of many factors.

6.     Parental health and behavior: The mental and physical health of each parent is considered, as well as any behavior that might impact the child negatively, such as substance abuse or excessive discipline.

7.     Sibling and extended family relationships: Courts may consider the importance of maintaining relationships with siblings and other family members, as these can be important for the child’s well-being.

8.     Historical caregiving: The court often looks at who has been the primary caregiver and how caregiving responsibilities have been shared in the past.

Each of these factors can be considered by the judge when making their custody evaluation. If you are trying to obtain sole custody for yourself, the burden is on you as the moving party to argue that the other parent should not have custody. The court will then weigh the arguments that you and the other parent present and determine what is in the best interest of the child based on all of the factors outlined above.

Legal Custody Versus Physical Custody

 There are two different types of custody that you can receive under a child custody agreement. The first is legal custody, which is the authority to make decisions over a child’s life and well-being. Generally, the preference in California is for both parents to be awarded joint legal custody, unless it is believed that this will cause more stress to the child. In some cases, a judge can award joint legal custody, but one parent has tie breaking power when they disagree. Alternatively, the judge may decide to split legal custody and award sole decision making power based on individual categories, such as education decisions, medical decisions, religious upbringing, and other such matters.

In contrast, physical custody refers specifically to whom the child lives with primarily. This is usually done on a percentage basis, and if one parent has the child for 80% or more of the time, they are considered to have sole physical custody of the child. This can be particularly important to consider, especially if you are the one with sole custody and you are considering relocating. It is easier to move if you have primary or sole physical custody of the child.

A Certified Family Law Specialist Can Help You Navigate This Process

Child custody disputes can be difficult, and when you are looking for an attorney to help you navigate these issues you should try to find a Certified Family Law Specialist to help you. A specialist is certified by the California Bar Association as an expert in their area of practice, with extensive experience and the recognition of their peers for their skills and ability. They are equipped to handle the most complex and difficult custody battles, and you can rely on them to provide you with realistic solutions.