Child Custody Laws in California

Custody and visitation (parenting time) must be in the child's best interest. Judges consider the child's age and health, emotional ties with each parent, ties to school, home and community, each parent's ability to care for the child, any history of family violence, and regular substance abuse. Legal and physical custody can each be joint or sole. If a child is of sufficient age and capacity to form an intelligent preference, the court must consider and give due weight to the child's wishes; a child 14 or older who wants to address the court must generally be allowed to do so.

A judge may make or change a custody order on an emergency (ex parte) basis only if there is a showing of immediate harm to the child (such as recent or ongoing domestic violence or sexual abuse) or an immediate risk that the child will be removed from California. You must have, or start, a family law case. File a Request for Order (FL-300) marked for temporary emergency orders and a Temporary Emergency (Ex Parte) Orders form (FL-305), with facts you personally know; the filing fee is $60 unless you have a fee waiver (more if it is the first paper in the case). The judge may decide the same day or by the next business day and sets a hearing to decide whether the order continues. Your court's self-help center or family law facilitator can help with local rules.

If custody or visitation is contested, the court must send the contested issues to mediation (child custody recommending counseling or mediation through Family Court Services). Domestic violence cases are handled under a separate protocol. Parent education programs may also be offered by local courts.