Legal custody refers to the right to make important decisions about a child’s upbringing—such as education, healthcare, and religious practices. Physical custody, on the other hand, determines where the child lives on a daily basis. In California, parents can share joint legal and/or physical custody, or one parent may be granted sole custody, depending on the child’s best interests.
No. California law does not favor one parent over the other based on gender. Both parents are considered equally when determining custody, and the court’s priority is always the child’s well-being. Each parent’s relationship with the child, caregiving history, and ability to provide a stable home are key factors in any decision.
A child’s preference may be considered by the court once the child is at least 14 years old, unless the court believes it is not in the child’s best interest to weigh in. However, a child’s wishes are just one part of a broader evaluation. The judge will ultimately decide custody based on the child’s safety, needs, and emotional well-being.
Yes. Custody orders can be changed if there has been a significant change in circumstances since the original order was made. Examples include a change in living arrangements, school schedules, or concerns about a parent’s behavior. A formal request must be filed with the court to begin the modification process.
Violating a custody order can have serious legal consequences. The court may hold the violating parent in contempt, modify the custody arrangement, or impose penalties. If your co-parent is not following the order, you can request enforcement through the court to protect your rights and your child’s stability.
Yes. In Los Angeles County, parents are required to attend mediation through Family Court Services before a judge makes a decision in custody or visitation cases. Mediation allows parents to work together to reach a mutual agreement, and if no agreement is reached, the mediator may submit a recommendation to the court.
If you have a custody order in place, you cannot move out of state with your child without court approval. The court will evaluate whether the move is in the child’s best interest and how it will affect the current custody arrangement. Failing to obtain permission before relocating can lead to legal consequences.
If there is a history of domestic violence, the court takes that into serious consideration when determining custody. A parent with a documented pattern of abuse may have limited visitation or be required to participate in supervised visits. The court’s primary concern is always the safety of the child.
If the other parent is absent or uninvolved, you may be eligible to request sole legal and physical custody. You’ll need to show evidence of their lack of participation in parenting, and the court will evaluate whether granting you full custody serves the child’s best interest.
Under certain circumstances, grandparents in California can petition the court for visitation—especially if a parent has passed away or if there is a strong existing relationship with the child. The court will weigh the request against the rights of the parents and the overall well-being of the child.
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