The best interest of the child
California courts decide custody based on the best interest of the child. The court looks at the child's health, safety and welfare, any history of abuse, any substance abuse, and the nature and amount of contact the child has with each parent. There is no automatic preference for either parent.
Legal and physical custody
- Legal custody is the right to make decisions about the child's education, health care and welfare. It is often shared.
- Physical custody is where the child lives. It can be shared, or one parent can have primary physical custody with a visitation schedule for the other.
A parenting plan sets out the weekly schedule, holidays, vacations, school breaks, exchanges and how decisions will be made. A detailed plan prevents many later disputes.
Child custody recommending counseling
Before a contested custody hearing in Los Angeles County, parents meet with a court counselor through Family Court Services. The counselor may make a recommendation to the judge. The work you and your attorney put into the case often shapes the outcome.
Keep your emails and text messages
Written communications with the other parent are often some of the most important evidence in a custody case. Keep every email and text, keep your own messages civil and focused on the children, and follow existing orders carefully. A simple calendar of parenting time, missed visits and important events is also valuable.
Changing a custody order
Custody orders can be changed later when circumstances change, such as a new work schedule, a change in the child's needs, or concerns about the child's safety. The parent asking for the change files a request with the court.
Family Code §§ 3011, 3020, 3040, 3042, 3170