How to Get Full Custody of a Child in California

Parents often use the term “full custody” to refer to what is known as “sole custody” in California legal terminology. California recognizes two kinds of custody in California, legal custody and physical custody. Both kinds can be sole or joint.

Generally, courts in California prefer joint custody for parents who are getting a divorce or a legal separation. The custody laws for unmarried parents who do not live together are the same. A local California attorney would be able to explain California custody laws in more detail.

California courts prefer joint custody arrangements because it is believed that it serves the child’s best interest for them to maintain frequent and regular contact with both of their parents.

There are some cases in which a court might grant one parent sole custody. These would be cases in which one parent can produce persuasive evidence to show that sole custody, legal and/or physical, meets the child’s best interests standard.

A court would consider several factors in making a decision. These would include the child’s age and maturity. If the child is old enough, the court might have the child express its preference. Again, the parent who wants sole custody would have to present solid evidence to the effect that limiting the other parent’s involvement in their child’s life would be in the child’s best interest.

Joint physical custody means that each of the parents has significant periods of physical custody of the child. This essentially means that the child lives with each parent for comparable periods of time. The goal is for each parent to have frequent and continuing contact with both of their parents.

Under California law, joint legal custody means that both parents share the right and responsibility to make decisions about their child’s upbringing, e.g., their healthcare, education, and other vital issues. They are obligated to work in a collaborative way to make the important decisions about how the child is to be raised.

If one parent has sole legal custody, they then have an exclusive right and responsibility to make such decisions. If one parent has sole physical custody, then their child would live with them and have visitation with the other parent.

Child custody law in California allows a court and parents to set up a custody arrangement that would involve sole legal custody on some issues and joint legal custody for others. Following are some examples of how this might be achieved:

• Education: One important issue in a child’s life is the kind of education the child should receive. Parents may share joint legal custody on the issue of their child’s education. So they would both work together in making decisions about the choice of school, extracurricular activities, and special education needs. However, one parent might have sole legal custody when it comes to handling the decisions about special education if their child has special needs and maybe an Individualized Education Plan (IEP) or is considered gifted and talented.
• Healthcare: Parents might share legal custody regarding most healthcare decisions, but one parent may have sole legal custody when it comes to making decisions about the mental health needs of the child.

Situations in which joint legal custody for certain issues and sole legal custody for others often come about in cases in which one parent is not fit to deal with an issue or set of issues. Or a parent may have proven to be prone to create conflict regarding a particular issue, thus making the other parent a better choice for legal custody.

What Are the Requirements for Full Custody?

It is essential to understand that the courts in California generally prefer joint custody arrangements, as they believe that maintaining a child’s frequent and regular contact with both parents is in the child’s best interests. However, there are situations in which a court might grant sole custody. This could happen if a parent can demonstrate that such an arrangement would be in the best interest of the child. One parent might be able to meet full custody requirements.

Considerations that influence a court’s decision may include a child’s age and maturity. If the child is old enough, they might be allowed to express their preference. A parent who wants sole custody must gather persuasive evidence that supports their request and demonstrates why it is necessary to limit the other parent’s involvement in the child’s life.

Other factors that might lead a court to award sole custody to one parent are related to the following on the part of the other parent:

• Involvement in domestic violence
• Has engaged in abuse of the child
• Has abused substances in the past
• Has been guilty of child neglect
• Has significant mental health issues
• Has a criminal record
• Exhibits other conduct that would put the child’s safety or well-being at risk.

The fact that one parent has used drugs or alcohol in the past alone might not be enough to win sole custody for the other parent. California courts would be interested in abuse more than simple use. Abuse would be the habitual or continual use of controlled substances or alcohol.

Other factors that courts consider in making all child custody decisions in California are the following:

• The child’s age
• The emotional and physical health of each parent
• The kind of relationship each parent has with the child
• Each parent’s ability to provide a stable and emotionally healthy home environment for the child
• Whether each parent is willing to work cooperatively with the other on matters involved in custody and decision-making
• The parents’ ability to meet the child’s educational, medical, and emotional needs
• How often each parent has contact with the child and the quality of that contact.

Another factor that might lead to one parent winning sole custody would be the other parent’s violations of a custody order. So, if a parent does not adhere to a visitation schedule that has been ordered by the court, this may possibly lead to that parent losing all right to custody.

In addition, violating an existing court order might lead to a parent being held in contempt of court, and this can lead to jail time. It is important for parents to recognize that when a court order is in place, they cannot just do what they want. They need to obey the order.

If the other parent seeks modification of the order or a ruling of contempt, the parent who violated the court order may find themselves losing custody.

How Is Custody Determined?

A lawyer consultation would be the best way to find out how California courts determine child custody. Generally speaking, a parent files a petition for a divorce or legal separation. If they are already divorced, separated, or were never married to the other parent, they would file a petition for sole custody. Then, they would want to gather the evidence they need to make their case for sole custody.

Evidence might consist of police reports, medical records, or the criminal record of the other parent if they have one. A parent would also want to line up witnesses who might testify in support of their position at their court hearing.

The parent then submits a legal document that states their request for sole custody and includes the reasons why they believe it is in the child’s best interest. The other parent must receive a copy of this ”Request for Order,” and they must have an opportunity to respond.

Then, the parents must attend any court hearings that are scheduled with a judge. The judge allows the presentation of evidence and listens to arguments from both sides. The judge then considers the evidence and what it shows regarding the factors they apply in making a custody decision. The judge then issues an order which contains their decision.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you believe that you should have sole custody of your child, you want to consult a California child custody lawyer. LegalMatch.com can connect you to a lawyer who is experienced in California custody law and can prepare your best case for sole custody.