Child Custody FAQ
Understanding Child Custody in California
Navigating child custody matters can be one of the most emotionally charged aspects of family law. Whether you’re going through a divorce, separation, or modifying an existing custody arrangement, understanding your rights and responsibilities is crucial. At Aguilar Justice Center, we aim to provide clarity and guidance to parents in California facing custody-related concerns. Below are answers to some of the most frequently asked questions about child custody.
General Child Custody Questions
What is the difference between legal custody and physical custody? +
Legal custody refers to the right to make important decisions about a child's welfare, including education, healthcare, and religious upbringing. Physical custody determines where the child will live and who will be responsible for daily care. Both types of custody can be shared (joint custody) or awarded to one parent (sole custody).
How does a California court determine child custody? +
Custody decisions are made based on the child’s best interests. Courts consider factors such as the child’s age, health, emotional ties to each parent, stability of the home environment, and any history of abuse or neglect. The goal is to provide a custody arrangement that supports the child’s well-being.
Can my child decide which parent to live with? +
While children do not have the final say in custody decisions, California courts may consider their preferences — especially if they are at least 14 years old — alongside other factors that determine their best interests.
Custody Arrangements & Modifications
What is joint custody? +
Joint custody means both parents share legal and/or physical custody of their child. This arrangement requires cooperation and communication between parents to make major decisions and coordinate schedules.
Can custody arrangements be modified? +
Yes, custody orders can be modified if there is a significant change in circumstances, such as a parent relocating, a change in the child’s needs, or concerns about the child’s safety. If both parents agree on modifications, the process can be straightforward. Otherwise, a court hearing may be required.
What happens if one parent refuses to follow a custody order? +
If a parent violates a custody order, the other parent can request court enforcement. Depending on the severity of the violation, the court may modify the custody arrangement or impose legal penalties.
Custody and Parental Rights
Do mothers always get custody? ＋
No. California courts do not favor one parent over the other based on gender. Custody is determined based on the child’s best interests, considering both parents' ability to provide a stable and supportive environment.
Can grandparents or other family members get custody? ＋
In some cases, grandparents or other relatives may seek custody or visitation rights if it is determined to be in the child’s best interests. This typically occurs when neither parent is able to provide adequate care.
Can a parent relocate with the child after a custody order is in place? ＋
If a parent wishes to move with their child, they must obtain permission from the other parent or the court. Courts will evaluate how the move would impact the child’s relationship with both parents before making a decision.
Get Help with Your Custody Case
Child custody issues can be complicated and emotionally challenging, but you don’t have to face them alone. Aguilar Justice Center is here to help parents in California navigate custody proceedings and protect their parental rights. Whether you need assistance establishing custody, modifying an existing order, or enforcing a court decision, our team is ready to advocate for you. Contact us today to schedule a consultation and take the next steps in securing the best possible future for your child.