California custody laws: legal and physical custody, how judges decide and how to file
Fact-checked · Checked against 19 sources · See the sources
- California law separates legal custody, which is the right to make decisions about a child’s health, education and welfare, from physical custody, which is where the child lives. Each can be joint or sole.
- A California court decides custody by the child’s best interest, with the child’s health, safety and welfare as its primary concern, and it may not consider a parent’s sex, gender identity, gender expression or sexual orientation.
- California sets no presumption for or against joint custody, sole custody or a 50/50 schedule. When the parents agree to joint custody, the law presumes it is in the child’s best interest.
- A child 14 or older who wants to speak to the court about custody is allowed to, unless the court finds that is not in the child’s best interest and states its reasons.
- When custody or visitation is contested, the court sets the contested issues for mediation before a judge decides them.
- What are the types of custody in California?
- How does a California court decide custody?
- Is California a 50/50 custody state?
- How do you get full custody in California?
- What visitation orders can a California court make?
- At what age does a child have a say in California?
- Is mediation required in a California custody case?
- Can a parent move away with a child in California?
- What are California custody laws for unmarried parents?
- How do you file for custody in California?
- How do you change a custody order in California?
- Where does a written record fit in a California case?
- Frequently asked questions
What are the types of custody in California?
California has four: joint legal, sole legal, joint physical and sole physical custody. Legal custody is about who makes decisions for the child, and physical custody is about where the child lives. A court can combine them, for example joint legal custody with sole physical custody to one parent.
The definitions are in the Family Code. Under California Family Code § 3003, joint legal custody means both parents share the right and the responsibility to make decisions about the child’s health, education and welfare. Family Code § 3006 gives that right and responsibility to one parent in sole legal custody. Under Family Code § 3004, joint physical custody means each parent has significant periods of physical custody, shared so the child has frequent and continuing contact with both. Under Family Code § 3007, sole physical custody means the child lives with and is supervised by one parent, subject to the court’s power to order visitation.
| Type | Family Code | What it means |
|---|---|---|
| Joint legal custody | § 3003 | Both parents share the right and responsibility to make decisions about the child’s health, education and welfare |
| Sole legal custody | § 3006 | One parent has the right and responsibility to make those decisions |
| Joint physical custody | § 3004 | Each parent has significant periods of physical custody, so the child has frequent and continuing contact with both |
| Sole physical custody | § 3007 | The child lives with and is supervised by one parent, subject to the court’s power to order visitation |
The decisions that legal custody covers are everyday ones. According to the California courts’ self-help guide to child custody and visitation, they include school or childcare, religious activities, counseling or therapy, medical and dental care other than emergencies, sports, summer camp, extracurricular activities and travel. The same guide says a parenting plan sets out where the children will live and when they will see each parent, and that until there is a court order, “both parents have the same rights.”
How does a California court decide custody?
By the best interest of the child. Family Code § 3020 makes the child’s health, safety and welfare the court’s primary concern. It also sets a public policy that children have frequent and continuing contact with both parents after separation, unless that contact would not be in the child’s best interest. When the two goals conflict, the order must protect the child’s health, safety and welfare and the safety of all family members.
Family Code § 3011 lists what the court must consider, among any other factors it finds relevant:
- the health, safety and welfare of the child;
- any history of abuse by a parent or anyone else seeking custody, against the child, the other parent, or certain other people close to the person seeking custody;
- “the nature and amount of contact with both parents”;
- habitual or continual illegal use of controlled substances, or habitual or continual abuse of alcohol or prescribed controlled substances, by either parent.
Before it weighs allegations of abuse or substance use, the court may require independent corroboration, such as written reports from law enforcement, a court, a social welfare agency or a medical facility. If it still gives custody or unsupervised visitation to the parent those allegations concern, it must state its reasons in writing or on the record, and the order must be specific about the time, day, place and manner of exchanges.
Some things are off the table. § 3011(b) says the court “shall not consider the sex, gender identity, gender expression, or sexual orientation” of a parent, legal guardian or relative in deciding the child’s best interest. The self-help guide adds the practical considerations a judge looks at: the child’s age and health, the emotional ties between the child and each parent, the child’s ties to school, home and community, each parent’s ability to care for the child, any history of family violence and any regular substance abuse.
Our best interest of the child checklist turns factors like these into things a parent can write down week by week.
Is California a 50/50 custody state?
No. California starts from no particular schedule. Family Code § 3040(e) says the law “establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody,” and gives the court and the family “the widest discretion” to choose a parenting plan in the child’s best interest. Joint physical custody means significant periods with each parent, and the statute does not say those periods must be equal.
Custody goes first to both parents jointly or to either parent, in the order set by § 3040(a). When the court gives custody to one parent, it must consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the other parent. It may also ask the parents for a plan to carry out the order.
Agreement changes the starting point. Under Family Code § 3080, there is a presumption that joint custody is in the child’s best interest where the parents have agreed to it or agree in open court, still subject to the § 3011 factors.
Our guide to a 50/50 custody schedule and what to document covers how an equal schedule looks week to week, where parents choose one.
How do you get full custody in California?
By asking the court for sole legal custody, sole physical custody or both, and showing why that arrangement serves the child’s best interest under the factors above. Sole physical custody does not end the other parent’s time on its own: § 3007 makes it subject to the court’s power to order visitation.
Domestic violence shifts the burden. Under Family Code § 3044, when a court finds that a parent seeking custody has committed domestic violence within the previous five years against the other parent, the child, the child’s siblings or certain other people, “there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child.” That parent can rebut it only by a preponderance of the evidence, and the policy of frequent and continuing contact cannot be used to rebut it.
Our guide to sole custody and what courts weigh covers the question across states.
What visitation orders can a California court make?
Four main kinds, according to the self-help guide to child custody and visitation (parenting time). California courts also call visitation parenting time.
| Type | What it means |
|---|---|
| Visitation with a schedule | Sets the dates and times the child is with each parent, and can include holidays, special occasions and vacations |
| Reasonable visitation | Open-ended; the parents work out the times themselves |
| Supervised visitation | Used when there are concerns about the child’s safety and well-being; visits are supervised by a parent, another adult or a professional agency |
| No visitation | Ordered when even supervised visits would be physically or emotionally harmful to the child |
The guide also describes virtual visits, which are video calls between a parent and child. They are often written into a parenting plan or order and can be supervised or unsupervised.
At what age does a child have a say in California?
There is no age at which a child chooses, but 14 is the age at which a child can ask to speak to the court. Under Family Code § 3042, if a child is “of sufficient age and capacity to reason so as to form an intelligent preference,” the court “shall consider, and give due weight to, the wishes of the child.”
A child 14 or older who wants to address the court about custody or visitation must be allowed to, unless the court finds that is not in the child’s best interest and states its reasons on the record. A younger child may address the court if the court finds it appropriate. If the court does not let the child testify, it must provide another way to hear from the child, and generally the child does not speak to the court in front of the parents.
Is mediation required in a California custody case?
Yes, when custody or visitation is contested. Family Code § 3170 says that if a request to make or change a custody or visitation order shows the issues are contested, “the court shall set the contested issues for mediation.” Cases involving domestic violence are handled by Family Court Services under a separate written protocol approved by the Judicial Council.
Can a parent move away with a child in California?
Often, but not when the move gets in the way of a custody order. Family Code § 7501 says a parent entitled to custody “has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”
The courts’ guide to moving away with your child says a parent can generally change where a child lives if it will not interfere with the current orders and the other parent has notice. A move that does interfere may need a court order first, and the starting point depends on the order in place:
| Situation | Typical approach |
|---|---|
| Permanent order, the moving parent has sole physical custody | The move is typically allowed unless the other parent shows it would harm the child |
| Permanent order, the parents have joint physical custody | The move is not allowed unless the moving parent shows it is in the child’s best interest |
| No permanent order yet | The judge decides on the child’s best interest, without assumptions based on physical custody |
The guide lists other things a judge weighs, including the distance of the move, the time the child actually spends with each parent and the relationship between the parents.
What are California custody laws for unmarried parents?
The same custody rules apply, but only to legal parents. The courts’ self-help page on parentage says, “In California, only legal parents can get custody and visitation (parenting time) orders about their child.” It lists ways to be a legal parent, including giving birth, being married or registered partners at the child’s birth or conception, signing a declaration of parentage, or a judge’s decision. The local child support agency can also open a case to establish parentage.
A Voluntary Declaration of Parentage is the common route outside court. Under Family Code § 7573, the unmarried woman who gave birth and a genetic parent may sign one, with signatures notarized or witnessed. It takes effect when filed with the Department of Child Support Services, and a completed, filed declaration “is equivalent to a judgment of parentage,” subject to exceptions listed in the statute. The self-help page says it can be signed at the hospital or later, and that either parent has a limited time to cancel it.
Our guide to keeping a record as an unmarried parent covers what to write down while parentage and custody are still unsettled.
How do you file for custody in California?
The form depends on your situation. The courts’ guide to what you can file to ask for a custody and visitation order sorts it this way:
| Your situation | What you file |
|---|---|
| Married or domestic partners who want to divorce or separate | A petition for divorce or legal separation |
| Married, and not divorcing | A Petition for Custody and Support |
| Unmarried, and not both legal parents | A Petition to Determine Parentage |
| Unmarried, and both legal parents, for example through a signed Voluntary Declaration of Parentage | A Petition for Custody and Support or a Petition to Determine Parentage |
| A parent who needs protection from abuse | A request for a domestic violence restraining order |
| A family law case already open in California | A Request for Order (form FL-300) in that case |
California usually needs to be the child’s home state. Under Family Code § 3421, a California court can make a first custody decision if California is the child’s home state on the day the case starts, or was within the six months before and a parent still lives here. The filing guide puts it simply: typically the child must have lived in California for the past six months, unless the child is younger than that.
The other parent then responds. The self-help guide says a parent served with a petition (forms FL-100, FL-200 or FL-260) generally has 30 days to file a response, and that a Request for Order (FL-300) comes with a court date. A parent who does not respond risks a judge deciding without their input.
Our guide to documenting your case when you represent yourself covers organizing a record without a lawyer.
How do you change a custody order in California?
By asking the court in the same case. The self-help guide says, “Either parent can ask for a court order to get, or change, custody and visitation orders,” and the filing guide says a parent with an existing family law case uses a Request for Order (FL-300) to change the orders in it. If the change is contested, § 3170 sends it to mediation like a first order. Our guide to custody modification and what to document covers what parents usually gather first.
Where does a written record fit in a California case?
Several of the California factors look at what has already happened. § 3011 asks about “the nature and amount of contact with both parents.” A move-away decision weighs the time the child actually spends with each parent. Those are questions about months of ordinary days, and memory alone fades.
“The parent who has handled most day-to-day care often starts in a stronger position because the court can see a consistent, proven pattern of parenting.”
A dated, written record kept as things happen gives your attorney that pattern in detail: school pickups, doctor visits, homework nights and schedule changes. Our guide to the primary caretaker role in custody cases covers what the day-to-day parent usually shows, and our guide on how to document for a custody case covers what to log and how often.
Documented keeps a private, dated record of the ordinary days of care, sealed when you save each entry, so the detail is there when your attorney asks. Learn how it works →
What this guide does not cover
- The legal standard for changing a final order. This page says how to ask, not what a judge needs to see before granting a change.
- Grandparents, stepparents and other non-parents seeking custody or visitation, which California handles under separate rules.
- Child support amounts. California sets support under its own guideline, which this page does not calculate.
- Protective orders and emergencies. If you or your child is in danger, call 911. Domestic violence changes the analysis above, and an emergency order needs an attorney or the court quickly.
Frequently asked questions
How can a father get full custody in California?
He asks the court for sole legal custody, sole physical custody or both. The court decides by the child’s best interest and may not consider a parent’s sex. When it gives custody to one parent, it considers which parent is more likely to allow the child frequent and continuing contact with the other. A father who was not married to the mother may first need parentage established, because only legal parents can get custody orders in California.
At what age can a child choose which parent to live with in California?
No age lets a child choose. Under Family Code § 3042, the court gives due weight to the wishes of a child of sufficient age and capacity to form an intelligent preference. A child 14 or older who wants to address the court is allowed to, unless the court finds that is not in the child’s best interest and states its reasons. A younger child may address the court if the court finds it appropriate.
Is California a 50/50 custody state?
No statute makes 50/50 the starting point. Family Code § 3040 creates neither a preference nor a presumption for or against joint or sole custody. Joint physical custody means each parent has significant periods of physical custody, and the statute does not say they must be equal. When the parents agree to joint custody, the law presumes it is in the child’s best interest.
Do mothers have more rights in California custody cases?
The court may not consider a parent’s sex, gender identity, gender expression or sexual orientation in deciding the child’s best interest, and the California courts’ self-help guide says that until there is a court order, both parents have the same rights. Only legal parents can get custody orders, so an unmarried father may first need parentage established.
Can you file for custody in California without a lawyer?
Yes. The California courts’ self-help guide explains which form to file for each situation, such as a Petition to Determine Parentage for unmarried parents who are not both legal parents, or a Request for Order (FL-300) in an existing family law case. A parent served with a petition generally has 30 days to file a response.
How we researched this
We read 19 sources for this guide: fourteen sections of the California Family Code from the California Legislative Information site, four pages of the California courts’ self-help guide published by the Judicial Council of California, and one family law practice article. Every factual claim was checked against the passage it comes from before publishing, and a claim we could not trace to a source was cut. Attorney quotes are reproduced word for word from the firm’s own published page. How our guides are written.
References
Law firm pages are cited for the quoted passages only.
- California Legislature. (2026). California Family Code § 3003, Joint legal custody. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3004, Joint physical custody. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3006, Sole legal custody. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3007, Sole physical custody. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3011, Best interest of the child. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3020, Legislative findings and declarations. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3040, Order of preference. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3042, Child’s wishes. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3044, Domestic violence presumption. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3080, Presumption of joint custody when parents agree. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3170, Mediation of contested custody issues. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 3421, Initial child custody jurisdiction. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 7501, Right to change the residence of a child. Retrieved from https://leginfo.legislature.ca.gov/
- California Legislature. (2026). California Family Code § 7573, Voluntary declaration of parentage. Retrieved from https://leginfo.legislature.ca.gov/
- Judicial Council of California. (n.d.). Child custody and visitation (parenting time). Retrieved from https://selfhelp.courts.ca.gov/
- Judicial Council of California. (n.d.). What you can file to ask for a child custody and visitation order. Retrieved from https://selfhelp.courts.ca.gov/
- Judicial Council of California. (n.d.). Parentage. Retrieved from https://selfhelp.courts.ca.gov/
- Judicial Council of California. (n.d.). Moving away with your child. Retrieved from https://selfhelp.courts.ca.gov/
- Provinziano & Associates. (2026). Child Custody in California: What Every Parent Needs to Know. Retrieved from https://provinziano.com/
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