Child custody issues do not just involve awarding physical custody in a divorce. Child custody also pertains to many other situations, including:

• Parenting plans and visitation
• Enforcement of prior custody orders
• Modifying an existing order
• Relocations and move-away orders
• Emergency or temporary custody
• Custody in Parentage cases
• Domestic violence and child abuse cases
• Grandparent visitation

In these cases, a court must assess the child's living situation and what will serve the best interests of the child.

Types of Child Custody and Arrangements

Custody disputes in California cover several aspects of your child's life, including where they spend their time and who decides the direction of their life. When a court addresses child custody matters, the court order can include the following types of arrangements:

Legal Custody

Legal custody determines who has the authority to make major life decisions for the child, including:

• Education
• Health care
• Religion
• International travel (passport)
• Driver’s License

In short, legal custody covers all the decisions related to the child, from signing permission slips to giving instructions to doctors.

Physical Custody

Physical custody relates to the child's living arrangements. Physical custody describes:

• Where the child lives and when
• How much time the child spends with each parent
• Who can visit the child
• Where the child spends holidays
• How much vacation time the child spends with each parent

In short, physical custody covers all the important decisions related to the day-to-day schedule of where the child resides.

The Sole v. Joint Custody Myth

The terms “sole custody” or “joint custody” are very generic terms that give the choices for that type of custody to either one (sole) or both (joint) parents. However, courts can title something as “sole” or “joint” when it really isn’t.

First, lets look at what “sole” and “joint” legal custody are supposed to be:

Sole Custody

Legal custody can be awarded to a single parent. When a court awards sole legal custody, the custodial parent has sole decision-making authority. They do not need to consult the other parent. More importantly, the non-custodial parent has no right to have a judge order the custodial parent to listen.

Joint Custody

When the parents share legal custody, they have joint custody. Under this arrangement, both parents participate in raising the child. Parents have to agree on schools, doctors and whether the child should get a passport and/or driver’s license. California law tends to favor awarding joint custody unless there is some reason joint custody would harm the child's interests.

Courts can muck up what is otherwise a bright line between sole and joint custody. For instance, the court can order sole custody on some issues but order parties to agree (joint custody) on other issues like who the child will see for medical care. Or the court may order joint legal custody, but allow one parent to have final decision making on some or all matters – effectively giving them sole custody as they are the person with the final say.

Custody Process in California

California's laws give judges broad powers in child custody issues. These powers are meant to help judges put children into safe and healthy environments.

If a custody matter comes to the court through a divorce or Parentage proceeding, the court will send the parties to mediation to develop a parenting plan.

“Recommending” v. “Non-Recommending” Child Custody Counties

Recommending Counties: In some counties in California employ Child Custody Recommending Counselors (CCRCs or “Mediators”) in the mediation process. Ventura County is a “Recommending” county where this happens. The mediators are MFTs or LCSWs by training. They meet during a scheduled time with the parties and then with children who are six years old or older. They work with the parties to reach an agreement, but if one cannot be reached, they make a Recommendation to the court of what a custody schedule should look like based on their interactions with and understanding of the parties and the children. This is presented to the court at a hearing or trial on custody at which the Mediator/CCRC will testify.

Non-recommending Counties: Other counties, like Los Angeles County, are “Non-recommending” counties. Mediation in these counties is between only the parties and the mediator. If parties are not able to reach an agreement in mediation, the custody decision is made after a hearing with the judge. Nothing that happened during mediation can be brought up at the hearing or trial.

After mediation: The judge will hold a hearing so each parent's child custody lawyer can present evidence in support of their proposal. The parties will testify, additional witnesses may be brought forward, evidence is presented. The judge must then sort through the proposals of each side and the evidence to figure out a parenting plan that satisfies the best interests of the children.

Do You Need a Lawyer for Your Child Custody Case in Ventura County or Los Angeles County?

You can always go to court without an attorney. However, unrepresented parties often face an uphill battle, even when they have the facts and law on their side. If the other parent has a lawyer, you will start out at a disadvantage.

As you prepare for your hearing, you should seek legal assistance to know what evidence will help you and how to present it. And when you appear at your hearing, the judge will likely ask questions of you and the other parent. An attorney will help you prepare for these questions and present your case to put you in the best position to win.

What Factors Are Considered When Determining Child Custody?

Remember this phrase, "best interests of the child," as you will hear it throughout the child custody process. California courts are charged with making decisions that are in the best interest of the child. Under this test, a judge is not bound to any particular outcome. For example, a judge does not need to pick between the two parents' proposed parenting plans. Instead, the judge must craft an outcome that puts the child's interest ahead of every other consideration.

Under California law, the factors judges consider when determining child custody include:

• The child's relationship with each parent
• Whether the parents agreed to any particular arrangement
• Each parent's history of meeting their parenting responsibilities and whether one parent handled more of the parenting duties other than the other
• Each parent's ability to parent in the future
• The child's emotional needs and developmental level
• The child’s access to maintain relationships with siblings and adult relatives
• Whether the child needs to leave school or familiar surroundings

In most cases, judges will need to balance factors that favor each parent to reach a fair outcome.

How Do You Create a Parenting Plan?

Parents usually develop a proposed parenting plan in consultation with their attorneys. Parenting plans must address several issues, including:

• How the parents will make decisions affecting the children
• Where the child will live throughout the year, including allocations of any holidays and school breaks
• How the parents will resolve disputes without resorting to the courts

Every parenting plan is different. The exact content of your parenting plan will depend on your situation.