When parents seek “full custody” of their children in a California divorce, they often envision a situation where they can make key decisions about their children’s lives while spending significant time with them. However, the term “full custody” is not a formal legal concept in California. Instead, the court uses terms like legal and physical custody, which address different aspects of parental rights and responsibilities.
If you’re considering full custody, understanding these distinctions and how California courts evaluate custody can help you prepare for the legal process.
Types of Custody in California: Legal and Physical Custody
California custody orders distinguish between two types: legal custody, which pertains to decision-making rights, and physical custody, which relates to where the child resides. Parents may share either type of custody jointly, or one parent may be awarded sole custody in either category.
Final custody arrangements hinge on the specific circumstances of the case and, most importantly, the best interests of the child. Parents can agree on a custody arrangement themselves, which is then subject to court approval, or a judge will decide after parents have attended mediation sessions with Family Court Services.
Legal Custody: Decision-Making Rights for the Child’s Welfare
What is Legal Custody?
Legal custody grants a parent the authority to make decisions about the child’s well-being, including choices regarding education, medical care, religious activities, and extracurricular involvement. These decisions significantly impact the child’s health, safety, and overall development.
Joint Legal Custody as the Default
In California, joint legal custody is the preferred starting point, as courts typically view it in the child’s best interest to keep both parents involved in major decisions. Unless one parent already makes decisions without consulting the other, courts are often reluctant to grant sole legal custody. However, sole legal custody may be awarded if the other parent is deemed unfit due to mental illness, substance abuse, physical abuse, or abandonment.
When Sole Legal Custody Might Be Granted
Obtaining sole legal custody is challenging but possible if evidence suggests the other parent’s involvement would harm the child. For example, a parent struggling with severe addiction or displaying abusive behavior might not be seen as fit for joint decision-making. In such cases, the court may grant sole legal custody to protect the child’s welfare.
Physical Custody: Where the Child Resides
Understanding Physical Custody
Physical custody defines where the child primarily lives and can range from joint arrangements to sole physical custody. Many parents associate “full custody” with sole physical custody, but even with sole physical custody, the other parent is typically granted visitation rights.
Joint Physical Custody as a Common Approach
Similar to legal custody, California courts often start with a joint physical custody arrangement. This baseline approach allows both parents to maintain close relationships with the child unless there are significant concerns, such as domestic violence, substance abuse, or criminal behavior. Even in joint physical custody cases, one parent may be designated as the primary custodial parent, which could affect decisions like where the child will attend school.
Implications of Sole Physical Custody
When sole physical custody is awarded, the child resides primarily with one parent, and the other parent’s role is limited to scheduled visitation. This designation can significantly affect the child’s schooling and daily routine and may be particularly impactful if one parent wishes to relocate. In cases involving a move, sole physical custody can influence whether relocation is feasible.
Factors Impacting Full Custody Decisions in California
Evaluating Whether Full Custody is Realistic
Full custody, defined as sole physical and legal custody, is rarely granted unless one parent demonstrates that the other parent is unable to provide a safe, nurturing environment. Courts generally support co-parenting because having both parents actively involved in the child’s life is often in the child’s best interest. However, if one parent poses a potential threat to the child’s health or emotional stability, sole custody might be appropriate.
Key Considerations for Pursuing Full Custody
When seeking full custody, factors such as each parent’s stability, living conditions, and relationship with the child play crucial roles. The court considers each parent’s willingness to co-parent and prioritize the child’s well-being. Therefore, if a parent believes full custody is necessary, they should prepare to present a clear case with supporting evidence to demonstrate why sole custody would best serve the child’s interests.
Working with an Experienced Child Custody Lawyer
For parents interested in seeking full custody, consulting with a knowledgeable child custody lawyer is vital. At Law Office of Michael L. Fell, we are dedicated to helping families navigate complex divorce and custody matters with the aim of achieving outcomes that support stability and growth for children. Since 2004, we’ve represented parents across California, providing tailored guidance in child custody cases to help clients understand what’s possible and how best to pursue their goals.
If full custody is your priority, reach out to us at 949-585-9055 to discuss your options. With our in-depth experience in family law and commitment to securing the best possible arrangements for our clients, we will work closely with you to protect your relationship with your child and establish a custody plan that best meets your family’s needs.