California Custody and Parenting Plans

Navigating child custody in California requires understanding how courts apply the "best interest of the child" standard codified in Family Code § 3011. Whether you're going through a contested or uncontested divorce, creating an effective parenting plan means translating abstract legal standards into practical, daily schedules that serve your children's wellbeing.

This comprehensive guide walks you through California's custody laws, recent 2025 reforms emphasizing shared parenting time, mandatory mediation requirements, and step-by-step guidance for building a court-compliant parenting plan that prioritizes your child's health, safety, and stability.

Types of Custody in California

California recognizes two distinct types of custody, each with its own legal implications:

Legal Custody

Legal custody refers to the right and responsibility to make important decisions about your child's life, including:

• Education (school choice, special programs, tutoring)
• Healthcare (medical treatment, therapy, medications)
• Religious upbringing
• Extracurricular activities
• Travel and relocation decisions

Courts strongly favor joint legal custody, meaning both parents share decision-making authority, unless there are safety concerns or a history of domestic violence.

Physical Custody

Physical custody determines where the child lives and the day-to-day parenting schedule. Options include:

• Joint physical custody: The child spends significant time with both parents (not necessarily 50/50)
• Sole physical custody: The child lives primarily with one parent; the other has visitation rights
• Primary custody with visitation: One parent has the majority of parenting time

See how different custody arrangements affect your parenting time:

The Best Interest Standard: Family Code §§ 3011, 3020, 3040

California courts must prioritize the child's best interest in all custody decisions. Under Family Code § 3011, courts consider:

Primary Factors

1. Health, safety, and welfare of the child
2. History of abuse by either parent against the child, the other parent, or any person in a dating relationship
3. Nature and amount of contact the child currently has with both parents
4. Habitual or continual illegal use of controlled substances or alcohol by either parent

Additional Considerations

Under Family Code § 3020, California policy declares that children benefit from "frequent and continuing contact" with both parents—but this goal yields to the child's safety. Courts also consider:

• The child's existing routine and stability
• Each parent's ability to facilitate contact with the other parent
• The child's emotional ties to each parent
• Each parent's willingness to support the child's relationship with the other parent

Important: Under Family Code § 3040, the court cannot consider a parent's sex, gender identity, gender expression, sexual orientation, or immigration status when determining custody.

2025 California Custody Reforms

Recent 2025 reforms have strengthened requirements for parenting plans and shared custody:

• Presumption of shared parenting time: Courts now start with the presumption that substantial shared parenting time serves children's best interests, unless evidence clearly shows otherwise
• Written explanations required: If a judge denies a parent's request for equal time, the court must explain this deviation in writing
• Detailed parenting plans mandatory: All final custody orders must include comprehensive parenting plans with specific schedules, communication methods, and dispute resolution procedures

What Your Parenting Plan Must Include

Under current California law, a compliant parenting plan must address:

1. Daily and Weekly Schedule

• Regular weekday custody arrangement
• Weekend schedule (alternating, every weekend with one parent, etc.)
• Transition times and locations for exchanges
• School-year vs. summer schedule variations

2. Holiday and Special Occasion Schedule

• Major holidays (Thanksgiving, Christmas/Hanukkah, Easter/Passover, etc.)
• School breaks (winter, spring, summer)
• Children's birthdays and parents' birthdays
• Mother's Day and Father's Day
• Three-day weekends

3. Communication Protocols

• Methods of parent-to-parent communication (text, email, co-parenting apps)
• Phone/video call schedule between child and non-custodial parent
• Rules about discussing the other parent with children
• Information sharing about school events, medical appointments, activities

4. Decision-Making Framework

• How major decisions will be made (joint consultation, tiebreaker procedures)
• Emergency decision authority
• Day-to-day decision-making during each parent's custody time

5. Dispute Resolution Process

• Requirement to attempt mediation before returning to court
• Parenting coordinator provisions (if applicable)
• Timeline for resolving disputes

Need a Complete Parenting Plan?

The schedule calculator above helps you explore time-share options. For a comprehensive parenting plan covering schedules, holidays, communication protocols, and decision-making frameworks, build your full California parenting plan here.

Mandatory Custody Mediation

Under Family Code § 3170, if parents cannot agree on custody or visitation, the court must order mediation before any contested hearing. Key points:

• Free court-connected services: Each county provides Family Court Services (FCS) mediation at no cost
• Confidential vs. recommending: Some counties use confidential mediation; others allow the mediator to make recommendations to the judge
• Domestic violence protocols: Separate sessions and safety measures available when DV is alleged
• Children's participation: Mediators may meet with children depending on age and circumstances

Domestic Violence and Custody

California takes domestic violence extremely seriously in custody determinations. Under Family Code § 3044:

• Rebuttable presumption: If a parent has perpetrated domestic violence within the past 5 years, there is a presumption against awarding that parent sole or joint custody
• Overcoming the presumption: The perpetrator must prove by a preponderance of evidence that custody is in the child's best interest, typically requiring completion of treatment programs and demonstrated behavioral change
• Special mediation procedures: No joint sessions; separate waiting rooms and meeting times
• Protective orders: Custody orders must be consistent with any existing domestic violence restraining orders

When Children Can Express Preferences

California law allows children's voices to be heard in custody proceedings:

• Age 14 and older: The child has the right to address the court directly about custody preferences unless the court determines this would not be in the child's best interest
• Under 14: The court may consider the child's wishes if the child is mature enough to express a reasoned preference
• Weight given: The child's preference is one factor among many; it is not determinative
• Alternative methods: Judges often learn children's preferences through mediators, custody evaluators, or minor's counsel rather than direct testimony

Interstate Custody: UCCJEA Requirements

If your case involves multiple states, California follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under California Rules of Court 5.52:

• You must file Form FL-105 (Declaration Under UCCJEA) with any case involving minor children
• Disclose the child's residence history for the past 5 years
• Identify any other custody proceedings in any state or country
• Update the declaration if circumstances change during the case

Child Support and Custody Connection

Your custody arrangement directly affects child support calculations. California uses a guideline formula under Family Code § 4055 that factors in:

• Each parent's income
• Percentage of time each parent has physical custody (H%)
• Tax filing status and deductions
• Health insurance and childcare costs

Generally, more parenting time correlates with lower child support obligations. Use our calculator to estimate how different custody arrangements might affect support:

Modifying Custody Orders

Custody orders can be modified when circumstances change significantly:

• Material change of circumstances: Job relocation, safety concerns, child's changing needs, or parent's behavior changes
• Stipulated modifications: If both parents agree, they can submit a modified parenting plan to the court
• Emergency modifications: Available when there is immediate risk to the child's health or safety
• Move-away cases: Special rules apply when a custodial parent seeks to relocate with the child

Required Forms for California Custody Cases

Key forms you'll need for custody matters include:

• FL-105: Declaration Under UCCJEA (required when children are involved)
• FL-300: Request for Order (to request custody/visitation orders)
• FL-311: Child Custody and Visitation Application Attachment
• FL-341: Child Custody and Visitation Order Attachment

Key Takeaways

• Best interest standard: Family Code §§ 3011, 3020, 3040 guide all custody decisions
• Joint custody favored: California prefers both parents share legal custody unless safety concerns exist
• 2025 shared parenting presumption: Courts start with the assumption that shared time benefits children
• Mandatory mediation: Required before any contested custody hearing (Family Code § 3170)
• DV presumption: Family Code § 3044 creates rebuttable presumption against abusive parents
• Detailed plans required: Must include schedules, communication protocols, and dispute resolution
• Child's voice heard: Age 14+ can address the court; younger children's preferences considered
• UCCJEA compliance: FL-105 required for all cases with minor children

For more information about California divorce processes, see our California divorce timeline and filing checklist. For property division information, review our California marital property guide.