The Best Interest of the Child
Divorce can be upsetting and confusing for children. The younger they are, the less they understand what is happening, but even teenagers can find it emotionally difficult to cope with their parents’ separation.
Ideally, every child would grow up with two loving parents in a stable home. Unfortunately, that isn’t always possible. In certain situations, a parent can even believe that it would be best for their children if they divorce. Situations such as cases involving abuse, alcoholism, or drug addiction, divorce may actually be the best option for the children’s safety and well-being.
Many parents try to “stay together for the kids,” but a high-conflict or emotionally distant household can sometimes cause more harm than good. When parents decide that divorce is necessary, the next challenge is determining what’s in the best interest of the child when it comes to custody and visitation.
This guide explains the different types of custody under California child custody laws, how decisions are made, and what to expect during the process.
Types of Custody Decisions
For divorcing parents who face custody issues, there are many decisions to make
1. Joint Custody vs. Sole Custody
In California, parents can share custody (joint custody) or one parent can be granted sole custody with visitation rights for the other parent.
- Joint Custody: Both parents share decision-making and parenting time.
- Sole Custody: One parent has full custody, while the other may have visitation rights as determined by the court.
2. Legal Custody vs. Physical Custody
Legal custody refers to a parent’s authority to make decisions about the child’s upbringing, including education, medical care, religion, and extracurricular activities.
- Joint Legal Custody: Both parents make decisions together.
- Sole Legal Custody: One parent makes the major decisions.
Physical custody determines where the child primarily lives and who provides day-to-day care.
- Joint Physical Custody: The child spends substantial time with both parents.
- Sole Physical Custody: The child lives primarily with one parent, while the other may have visitation
Dividing Time Between Parents
The amount of time a child spends with each parent depends on the family’s specific situation.
For example, if one parent works long hours while the other is home more often, the court may approve a plan that gives the working parent more time on weekends or holidays. The goal is always to ensure meaningful time with both parents whenever possible.
To help parents create an effective parenting plan, the California Courts Self-Help Guide provides templates and resources for organizing custody schedules.
Resources to Help With Custody Decisions
Making decisions about child custody and creating a parenting plan can feel overwhelming for many parents. Fortunately, there are reliable resources available to guide you through the process.
The California Courts Self-Help Guide offers practical tools and information for developing a detailed parenting plan that supports the best interests of your children.
Another valuable resource is Rita Holder Law. Our experienced family law team can help you understand your options, clarify legal terms, and make informed decisions throughout the custody process.
Mediation When Parents Cannot Agree
If parents can’t reach an agreement on child custody or visitation, California law requires mediation before a judge makes a final decision. The mediation requirement was established to help parents resolve their differences.
Under California Family Code § 3170, when custody or visitation is contested, the court must set the issues for mediation.
“If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that custody, visitation, or both are contested, the court shall set the contested issues for mediation.”
According to the Superior Court of California, County of Contra Costa, Family Court Services provides free mediation appointments for custody and visitation disputes. The court’s trained mediators, often licensed mental health professionals, help parents work toward cooperative parenting solutions.
“Family Court Services provides Mediation appointments free of charge to the parties in all pending Contra Costa cases. Parties will be directed to schedule an appointment when either party files for a court hearing on custody/visitation. Appointments are also sometimes ordered by a judge during hearings … The court employs experienced mental health professionals who have specialized training in areas pertaining to children and families.”
If an Agreement is Reached in Mediation
Court costs and attorney fees can quickly add up. Since mediation is free, it’s a good idea for parents to take advantage of it and to make every effort to come to an agreement.
- The mediator helps draft a written agreement.
- Both parents sign the document.
- The agreement is submitted to the judge for approval and becomes part of the court order.
If No Agreement is Reached
If the parents cannot agree even after mediation, the mediator may (depending on the county) submit a written recommendation to the court for consideration during the hearing.
How to Move Forward with Child Custody Issues
If you’re going through a divorce and facing custody challenges, it’s important to have knowledgeable legal guidance.
At Rita Holder Law, we specialize in divorce and family law and have years of experience helping parents navigate child custody in California with compassion and clarity. We can help you:
- Understand your rights under California custody laws.
- Prepare for mediation or court hearings.
- Create a fair parenting plan that prioritizes your child’s best interest.
Contact Rita Holder Law today for a consultation. Let us help you move forward with confidence.
Contact us today at (925) 482-8910 or [email protected] for experienced legal support with your child custody case.
