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What Types of Child Custody Are Available in California?
To fully understand father’s rights regarding child custody, it’s essential to know what types of custody California offers. There are two broad kinds, and each has some subcategories.
Physical Custody
Also known as parenting time, physical custody is what most people think of when they think of child custody: Where the child lives and spends their time.
In California, the subcategories for physical custody are sole or joint custody. As the terms imply, sole custody means one parent has the child living with them 100% of the time. Joint custody means both parents share some time with the child. It isn’t necessarily 50/50; it’s based on what’s in the child’s best interests and other practical factors, such as if one parent stays home to raise the child or has to travel extensively for work.
Legal Custody
Fewer people are aware of this type of custody. Legal custody involves the critical decisions that must be made in a child’s lifetime. That can include educational choices, religious upbringing (if applicable), healthcare and medical decisions, extracurricular and summer camp options, travel, etc. It doesn’t involve minor daily decisions, such as whether the child can have a friend after school. Those decisions stay with the parent who has the child at that time.
As with physical custody, there is both sole and joint custody. With legal custody, joint custody is considered 50/50, with the parents required to come to an agreement for the significant decisions.
Note that California courts tend to prefer awarding joint custody because they feel it’s best if both parents are involved in the child’s life. Exceptions include cases where one parent is found to be abusive or neglectful, has substance abuse issues, or is in any other way a safety risk to the child like a perpetrator of domestic violence.
Do Mothers Have More Child Custody Rights in California Than Fathers?
In general, no. California courts believe involving both parents in the child’s life serves the child’s best interests. However, if the parents aren’t married, the father needs to establish legal paternity in order to be eligible for custody. Without establishing legal paternity, they may not have full rights when it comes to custody.
In order to establish legal paternity, fathers will need to do one of the following:
Produce a Voluntary Declaration of Paternity
Both parents must sign this for it to be valid. It can be done at the hospital following the child’s birth, and if done then, the birth certificate will name both parents. It can also be done later, and the birth certificate can be amended to reflect paternity.
Something vital to understand about the voluntary declaration of paternity is that once it’s signed and put into effect, it can be difficult to undo, even if the father later proves through DNA testing that they’re not the biological parent.
Court Order
This is the route needed if, for any reason, the voluntary declaration of paternity doesn’t work. Either parent can ask the family court to establish paternity, which is usually done through a DNA test.
What Factors Does the Court Look at When Determining Child Custody?
The court doesn’t automatically assume the mother should be awarded child custody. Courts today look primarily at what’s in the child’s best interests, and they believe that it’s best for the child to have both parents involved in their life whenever possible. In the event of extenuating circumstances (such as one parent being demonstrably abusive or neglectful), the court may award sole custody to the other parent, regardless of whether that parent is the father or mother.
Factors that may contribute to the child’s best interests overall include:
- The child’s age and health
- The relationship the child has with each parent
- The child’s ties to their neighborhood and school
- The proximity of other family members and close friends
- The ability of either parent to care for the child
- The child’s wishes when the child is at least 14 (but note that all the other factors are still important even when the child reaches that age; their wishes may not be met)
If you have questions about what factors may play into your case, contact an experienced child custody attorney.
What Else Do I Need to Know About Child Custody Proceedings in California?
Something the court may look at is how the parents are able to get along with each other and their behavior during the divorce and custody proceedings. As difficult as it can be, trying to keep communications civil is vital. That includes not just face-to-face meetings but phone calls, texts, emails, social media posts, etc.
What Should I Do if I’m Concerned About My Rights as a Father in a Divorce?
Call Khosroabadi & Hill, APC, at 858-240-2093 for a free consultation. Divorce is considered to be one of life’s most stressful situations, and it can be even more stressful when children and custody are part of the process. Our team of experienced, knowledgeable divorce and child custody attorneys understands how important it is for you to remain involved in your child’s life. We can review your case and help guide you to the best approach for protecting your rights.
