Child custody disputes can be some of the most emotionally charged aspects of a divorce or separation. For parents in Southern California, the key question often becomes: Who will get custody of the kids? While this question may seem simple, the legal answer is far more nuanced. California courts don’t automatically favor one parent over the other—instead, they focus on what serves the best interests of the child.
At Law Office of Michael L. Fell, we help parents navigate this complex area of family law with clarity, compassion, and strategic advocacy.
What Does “Best Interests of the Child” Mean?
California Family Code § 3011 outlines several factors judges must consider when determining what is best for a child’s well-being. The goal is not to reward or punish either parent but to ensure that the child grows up in a stable, healthy, and safe environment.
Key factors include:
- The child’s health, safety, and welfare
- Any history of abuse by either parent
- The nature and amount of contact with both parents
- Each parent’s ability to care for the child
- The child’s preferences (depending on age and maturity)
- Substance abuse or mental health issues
Legal Custody vs. Physical Custody
When discussing custody, it’s important to understand the two types recognized in California:
Legal Custody
This refers to the right to make decisions about the child’s education, medical care, religion, and general welfare. Courts often award joint legal custody, meaning both parents share responsibility.
Physical Custody
This determines where the child lives and who provides day-to-day care. Like legal custody, physical custody can be joint or sole.
- Joint physical custody means the child spends significant time with both parents.
- Sole physical custody means the child primarily lives with one parent, while the other may have visitation rights.
Joint Custody Is Common—But Not Guaranteed
Many parents assume that joint custody is automatic in California. While it is often favored, it isn’t always appropriate. If one parent has a history of domestic violence, substance abuse, or neglect, the court may award sole custody to the other parent to protect the child’s well-being.
Even in high-conflict cases, the court may still order joint legal custody if both parents can communicate and make decisions together, even if physical custody is not shared equally.
Debunking Common Custody Myths
- Myth: Mothers always get custody.
Reality: California law does not favor mothers over fathers. Custody is gender-neutral and based on the child’s best interests. - Myth: The parent who earns more gets custody.
Reality: Income may affect child support, but not custody decisions. - Myth: A child over 12 can choose where to live.
Reality: While a judge may consider the preferences of a mature child, it’s not the deciding factor.
Temporary vs. Final Custody Orders
Custody is often decided in phases. A temporary custody order may be put in place early in a case, especially if one parent moves out. Later, during mediation or trial, a final custody order is established. These orders remain in place unless modified by the court due to a significant change in circumstances.
How Law Office of Michael L. Fell Can Help
Custody disputes are never easy—but having the right legal advocate can make a meaningful difference. At Law Office of Michael L. Fell, we work closely with parents to:
- Advocate for fair custody arrangements
- Prepare strong evidence and documentation
- Represent you in negotiations or court hearings
- Protect your parental rights while focusing on your child’s well-being
If you’re facing a custody case or need help modifying an existing order, contact Law Office of Michael L. Fell today at 949-585-9055. We’re here to support your family through every step of the process.