Preparing a strong case for child custody and/or visitation starts with understanding California law regarding custody and visitation rights when the parents of a child separate in that state. In California, the parents have to agree on a parenting plan, which, in the end, includes a court’s order regarding child custody and parenting time, as visitation is called in the California legal system today.
Ultimately, if the parents are unable to agree, the court imposes a parenting plan. It would include the following content:
- How the couple’s child is going to be cared for
- Where the child will live, i.e., which parent will have physical custody
- Who will make the key decisions about how the child will be raised, e.g., legal custody
- When the child will see each parent.
Parenting plans must serve the best interest of the children. A legal consultation in California with a California lawyer would help a person understand the law regarding child custody and visitation in that state.
Until a court has issued an order regarding child custody and visitation, both parents have the same rights. This means that both of them may participate in making decisions about their child’s upbringing. Neither parent has any greater right to custody and/or visitation than the other, so before they go to court, they would need to agree on a plan for their family, where the child would live and how they would spend time with each parent.
A parent also needs to understand that child custody refers to the rights and responsibilities of the parents for taking care of their child. The two aspects to child custody as follows:
- Legal custody: This is the right to make important decisions about the child’s upbringing, such as where they will be educated, what kind of health care they should receive and whether they would have a religious affiliation.
- Physical custody: This is where the child lives.
Legal and physical custody can be shared, i.e., joint, or sole, i.e., held by one parent only. If parents have joint legal custody, then the parents share the right to make the important decisions about the upbringing of their child. A parent who has sole legal custody has the sole right to make decisions about the child’s upbringing.
What Other Factors Might a California Court Consider in a Child Custody Case?
The parents are always able to agree on a parenting plan and if it passes review by a court, the court adopts it as the plan in the case. However, if parents cannot agree on a parenting plan, then they have to ask a judge to decide. To decide what is best for a child, the judge considers the following:
- The age and health of the child
- The character of the relationship that each of the parents has with the child
- The child’s ties to their school, home, and community
- The ability of each parent to provide the child with the care they need
- Any history of family violence
- Whether either parent has a regular and ongoing substance abuse problem.
After hearing evidence and arguments relating to these factors, a court decides on a parenting plan applying the child’s best interest standard.
Special laws regarding custody of a child apply if the family has experienced domestic violence. Which law applies depends on when the domestic violence happened and whether a court was involved.
If a parent has been convicted of domestic violence for an incident that took place within the prior five years, then a California law called “3044” applies. This law requires a judge to go through a detailed decision-making process before they may grant custody of a child to a parent who has been abusive.
And it usually means that the judge grants sole legal and physical custody to the non-abusive parent. The parent who committed the abuse may still be awarded some visitation with the child.
If one parent accuses the other parent of domestic violence, a judge must take this into consideration in deciding on a custody arrangement that would serve the best interest of the child. If the judge were to award sole or joint custody or unsupervised visitation to the parent who has been accused of domestic violence, the judge would have to clearly explain their reasons for making this decision.
If a parent wants to communicate about domestic violence in their family with a family court judge, they may submit a statement on form MC-030 and file it with the court.
What Documentation Should I Gather Before Meeting With My California Child Custody Lawyer?
A parent would want to gather documentation regarding their relationship with their child or children and that of their spouse. If one parent is the primary caregiver to their child, they would want to document this. They would want to document the child’s ties to their school, home and community, especially if one parent plans to stay in the existing family home and would be able to allow the children to remain in the same school and community after the separation.
As noted above, if a parent needs to communicate with a court about domestic violence in their family, they would use a California form MC-030.
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What Makes a California Child Custody and Visitation Case Strong? What Makes It Weak?
A parent who does not know how to approach custodial and/or visitation rights in court would do well to consult a California family law lawyer. A lawyer would be able to advise a person as to the strengths and weaknesses of their position in a dispute about a parenting plan.
A parent’s case would be strengthened by good evidence that supports the existence of strong emotional ties between themselves and their child. A parent’s history of serving as the primary caregiver of their child would help their case. The ability to keep the child in their current school district and community would also probably be a strong point.
A parent who has not been a primary caregiver has not created strong emotional ties and would not be able to keep the child in their current school district and community would have a weaker case.
Of course, a parent with a history of domestic violence and/or substance abuse issues would be in a weaker position relative to a parent who does not have these handicaps.
What Are Some Dos and Don’ts for California Child Custody and Visitation Cases?
A parent does not want to bring up the other parent’s gender, gender identity, gender expression, or sexual orientation when they are involved in a custody and visitation dispute. California law explicitly provides that a court may not consider these factors in deciding on which custody arrangements would be in the children’s best interests.
Also, a parent would not want to raise the other parent’s immigration status, as that is also a factor that courts may not consider. A parent’s immigration status does not disqualify that parent from getting custody. Under California law, a judge may find that a child has more than two parents if recognizing only two parents would be detrimental to the child.
A parent would also want to be honest in their presentation of their case to a court. They would not want to make up negative allegations about the other parent that would not be supported by evidence that they can produce.
When Do I Need a Lawyer for Child Custody & Visitation in California?
If you are separating from the other parent of your child, you want to consult a California child custody lawyer. LegalMatch can quickly connect you to a lawyer who knows California law and can help you prepare your best case. It can be challenging to manage a child custody and visitation dispute in court, and a lawyer gives you your best chance of a successful outcome.
Jose Rivera
Managing Editor
Editor
Last Updated: Jun 25, 2025