Child Custody in California: Rights Processes & What Courts Consider

California family law courts place the best interests of the child at the forefront of any child custody case. The safety, health, parent-child relationships, and stability of the family unit are all factors a court will consider when issuing decisions on behalf of that child. 

Joint custody versus sole custody

The child custody process generally favors joint custody of a child. Joint custody allows for both parents to remain active, involved caregivers in the life of their child. 

However, it is possible that sole custody of a child will be considered in your case, as well. Sole custody awards are less common and arise when one parent is determined to be unfit to care for the child on a consistent basis. 

Custody disputes in California can change as your child ages, as well. The factors a court considers to be most important may change as your child grows. As a result, the rights and duties you are awarded in the child custody case may be impacted by the age and developmental needs of your child. 

How long does the child custody process take in California?

The specific circumstances of you and your family will determine how long the process ultimately takes. When a child custody case is a part of a divorce case, the process generally takes longer to complete. A modification of existing child support orders may only require a single hearing. The more subjects you and your co-parent are willing to negotiate, the faster your case can move and the more favorable the outcome can be. 

What custody rights do mothers and fathers have under California law?

Contrary to what many California parents initially believe, mothers and fathers have the same rights in relation to their children. Because the best interests of your child matter more in this process than the gender of the parent, mothers and fathers begin a child custody case on equal footing.

That said, the specific parenting history of you and your co-parent, in addition to the needs of your children, will both play a major role in determining custody outcomes. As you begin a child custody case, it is critical that you receive good advice that sets you up for success. 

Schedule a child custody consultation today with Gilligan, Frisco, Trutanich & Saris, LLP

Experienced California child custody attorneys, Gilligan, Frisco, Trutanich & Saris, LLP serve clients going through complex child custody cases. We work hard to defend and extend the rights of our clients in all matters related to child custody. Placing our clients first and doing everything we can to help their families is what drives us in representing clients. 

Contact our office today for a free consultation. The perspective and information we share in consultations can help you to prepare your case and develop an intentional, goal-oriented plan.