Answers to some common questions about child custody in California.

If you’re gearing up for a custody battle, you probably have many questions about your rights and the law. We’ve compiled answers to some of the most commonly asked questions here, but be sure to consult with an experienced child custody attorney like Torrence L. Howell for advice and information tailored to your specific situation.

Who can have custody rights?

In California, any individual who has demonstrated a close relationship to a child can potentially seek custody or visitation rights. If the judge decides that the loss of the relationship would be detrimental to the child, they may award custody or at least visitation. The most common scenario is for the biological parents of the child to share custody, but same-sex partners, sperm or egg donors, grandparents, and other relatives could potentially also have custody rights. In California more than two parties can share custody.

What’s the difference between physical and legal custody?

Physical custody is the right to have the child physically with you and in your care. Legal custody is the right to participate in important life decisions affecting the child, such as where they will attend school, what medical care they will get, etc.

What kinds of issues impact child custody decisions?

In California, all child custody decisions are based on the best interests of the child, and this is assumed to be regular contact with both parents, unless some special circumstance makes this unwise. Some issues that may result in visitation being granted to a parent instead of custody include:

• Substance abuse issues
• History of domestic violence
• Poor mental and physical health
• Inability to provide a stable home environment
• Incarceration

Can my child pick which parent they went to live with?

Older children are allowed and even encouraged to share their feelings about which parent they would prefer to live with. However, a minor child is not considered the best judge of their own best interests, and the court will always refer to that standard when awarding custody, even if it goes against the child’s desire.

Do I have to go to court to create a custody agreement?

You do not have to bring your case to trial in order to get a custody agreement. In fact, it is considered better for all involved when parents can come to a fair custody agreement on their own. You will still have to get your agreement signed by a judge.

What do I do if my ex won’t honor my rights?

If your ex is attempting to deny you access to your child, you can contact your local police department for help enforcing the custody or visitation order. If your ex still resists, you will have to take action through the courts.