What is a Custodial Parent in California?

Unsurprisingly, perhaps, child custody is one of the main contentious matters during divorces in California.

Neither parent generally wants to give up his/her rights to raising and spending time with their children so they must usually come to an agreement about sharing time and decision-making duties. Otherwise, the California courts will need to decide.

The child custody decision-making process can involve considerable stress, time, and expense unless you understand your legal rights and responsibilities and receive the right legal guidance throughout.

“Custodial parent” is a term used for the parent with whom the child spends the majority of his/her time—usually providing living quarters for the child, preparing meals, and looking after the basic daily needs of the child.

Generally, in these situations, the other parent retains their parental rights and responsibilities, spending ample time with the child and helping to make important decisions about the child’s upbringing.

There are two types of custody in California and the distinction is important:

• Legal custody: the right to make legal decisions regarding the child’s education, medical care, religious matters, etc.
• Physical custody: the right to provide a home and physical care for the child’s daily needs.

There is more detail about each of these custody types below but the preferred arrangement in California is that each parent spends approximately equal time with the child and shares decision-making responsibilities.

California courts may award joint physical custody (the most common arrangement) or sole physical custody.

Joint custody means that both parents spend approximately equal time with the child and share the responsibilities of looking after his/her daily needs. Sole custody means that a child spends all or most of the time with one parent, who has the sole right and responsibility to provide for his/her daily needs.

In practice, even with joint custody, spending equal time can be challenging because of the educational needs of the child. The California courts look for an equitable solution that is in the child’s best interests. This normally involves dividing time as best as possible between the parents, provided the safety of the child is not jeopardized by doing so or the parent is not incarcerated (in this case, sole physical custody may be awarded).

Even if sole physical custody is awarded to one parent, the other parent usually retains parental and visitation rights. If there are compelling reasons not to allow one parent to see the child, this may be ordered by the court.

Before making a judgment on the physical custody of a minor child, the courts will consider the following factors:

• The child’s age and stage of development
• The child’s health and safety
• Each parent’s ability to meet the child’s needs
• Each parent’s mental and physical health
• The amount of contact each parent has with the child
• The parents’ abilities to cooperate and make joint decisions
• The child’s wishes (if mature enough to express them)
• Any history of domestic violence or abuse
• Any history of habitual drug or alcohol abuse

It is less common to award sole legal custody of a child in California than sole physical custody. The court’s preference is usually for both parents to be actively involved in the key decisions affecting a child’s welfare and upbringing, leading to joint legal custody.

Sole legal custody is generally only awarded by judges in California if there is evidence that the parents are unable to cooperate for the best interest of the child—or one parent is unfit to care for the child due to neglect or abuse issues.

Note that, in California, parents can share joint legal custody with one parent awarded sole physical custody.

Obtaining sole custody of your child (sometimes called “full custody”) may be preferable or necessary in some circumstances—notably, if the child’s welfare would be at risk in a shared custody arrangement.

If there are concerns about a child’s safety or well-being from contact with the other parent, a mother or father may push for sole custody—though it can be challenging to obtain an order that removes the rights of the other parent.

With the assistance of a family lawyer, you may be able to make a case for full custody in California if it is in the best interests of your child. To be successful, the court will need to be satisfied that you can provide adequate care and a stable home environment for the child, while you will also need to demonstrate the following:

• It is preferential for the child’s health, safety, and welfare to live with you, or
• There is a history of abuse or neglect by the other parent, or
• The other parent’s home environment is unstable, or
• The inability of the other parent to adequately care for the child, or
• The child’s preference is to stay with you (if mature enough to express an opinion).

When considering the stability of the home environment, judges in California will consider the financial stability, the physical and emotional safety and support provided at home, and the parental ability to provide for the child’s needs.

Child custody orders must be followed closely. If they are no longer in the child’s best interests, it may be possible to apply for a modification with the assistance of a family lawyer.

The types of circumstances that could warrant a court modifying a custody order include:

• If one parent is moving out of the state or country
• If one parent becomes incapacitated or incarcerated
• If one parent is no longer able to meet the child’s needs
• If the child expresses a desire to live with the other parent
• If the parents agree to a change in custody

If one parent opposes the modification request, the court will need to investigate and state the reasons for its decision.

Both custodial and non-custodial parents have an equal right to spend time with their children. This is considered a basic right in California—and is usually in the best interests of the child.

Some extraordinary situations can lead to a parent being denied visitation rights. In extreme cases, the court may be able to terminate the parental right to visitation if he/she:

• Commits a crime or engages in criminal activities
• Commits child abuse, domestic violence or neglect
• Knowingly making false abuse allegations against the other parent
• Engages in parental alienation.
• Violates custody or another court order
• Is considered an unfit parent for another reason

If you are facing a child custody issue, the family attorneys at The Sands Law Group APLC can help. Contact us or call 213-788-4412 today for a free 15-minute phone consultation about your case.