Establishing Child Custody in California: A Guide for Parents
When parents separate or divorce in California, one of the most important and emotionally charged issues is child custody. Whether you’re seeking custody for the first time or need to formalize an existing arrangement, understanding California’s child custody laws is essential.
In this guide, our experienced California family law attorneys explain how child custody is established, the factors courts consider, and how we can help you protect your rights and your child’s well-being.
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What Is Child Custody in California?
In California, child custody is divided into two main types:
1. Legal Custody
This refers to the right to make important decisions about the child’s life, such as education, healthcare, and religion.
•Joint Legal Custody: Both parents share decision-making responsibilities.
•Sole Legal Custody: One parent has the exclusive right to make decisions.
2. Physical Custody
This determines where the child will live and which parent is responsible for daily care.
•Joint Physical Custody: The child spends significant time with both parents.
•Sole Physical Custody: The child lives primarily with one parent, while the other may have visitation rights.
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How to Establish Child Custody in California
Establishing custody involves either reaching an agreement with the other parent or asking the court to decide.
✅ 1. File a Custody Request
If you’re going through divorce or legal separation—or if you’re unmarried—you must file a Request for Order (Form FL-300) with the California family court.
✅ 2. Serve the Other Parent
The other parent must be formally served with the custody paperwork, and a Proof of Service must be filed.
✅ 3. Attend Mediation (If Required)
Most California counties require parents to attend child custody mediation before a court hearing. If you and the other parent can reach an agreement, it may be approved by the court without a hearing.
✅ 4. Go to Court (If Necessary)
If an agreement isn’t reached, a family law judge will hear your case and issue a custody order based on what’s in the best interest of the child.
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What Factors Does the Court Consider?
California courts prioritize the child’s best interest. Factors include:
•The child’s age, health, and emotional needs
•Each parent’s ability to care for the child
•The existing relationship between the child and each parent
•History of abuse or substance use
•Stability and continuity in the child’s environment
•Any history of domestic violence
•The child’s preference (especially if 14 or older)
⚖️ Important: Gender is not a deciding factor. California law does not favor mothers over fathers or vice versa.
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Can Unmarried Parents Get Custody?
Yes. Unmarried parents have the same rights as married parents, but paternity must be legally established before custody or visitation orders can be made. A father may need to sign a Voluntary Declaration of Parentage or go through a court-ordered paternity test.
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Temporary vs. Final Custody Orders
•Temporary Custody Orders may be issued while your case is pending.
•Final Custody Orders are made at the end of a divorce or custody case and remain in effect unless modified by the court.
If your circumstances change, you may request a modification of custody at any time.
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Do You Need a Lawyer for a Custody Case?
While you can represent yourself in a California custody case, working with a skilled child custody attorney can make a major difference—especially in complex or high-conflict cases. An attorney can:
•Advocate for your parental rights
•Help negotiate fair parenting plans
•Represent you at mediation or in court
•Ensure compliance with California custody laws
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Why Choose Law Offices of Paul A. Eads?
At Law Offices of Paul A Eads, we help parents across California navigate the emotional and legal complexities of child custody. Whether you’re filing for the first time or dealing with a dispute, we provide:
•✅ Compassionate, strategic legal representation
•✅ Experience with high-conflict custody disputes
•✅ Clear communication and personalized legal guidance
•✅ Courtroom-tested advocacy
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Schedule Your Consultation Today
If you need help establishing child custody in California, don’t go it alone. Our legal team is here to help you protect what matters most—your child’s future.
📞 Call (626) 788-9864
🗓️ Schedule Your Confidential Consultation
📍 Serving clients in Los Angeles, San Bernardino & Riverside Counties.
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