Federal & State Lawfederalstatelaw.com
Back to Questions
familyCA

How is child custody decided in California?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

California child custody law is found in the Family Code, Division 8 (Custody of Children), §§ 3000-3465.

1. Legal vs. Physical Custody

  • Legal custody (Fam. Code § 3003) — the right and responsibility to make decisions relating to the health, education, and welfare of the child.
  • Physical custody (§ 3004) — where the child lives. Either may be joint or sole.

    • 2. Best Interest Factors (Fam. Code § 3011)

    Courts must consider:

  • The health, safety, and welfare of the child.
  • Any history of abuse by one parent against the child or the other parent.
  • The nature and amount of contact with both parents.
  • Habitual or continual illegal use of controlled substances or alcohol abuse.

    • 3. Presumption — Frequent and Continuing Contact

    California's stated public policy under Fam. Code § 3020 is to assure children frequent and continuing contact with both parents and to encourage parents to share rights and responsibilities. There is no statutory presumption of joint custody, but joint custody is favored when parents agree (§ 3080).

    4. Child's Preference (Fam. Code § 3042)

    A child age 14 or older must be permitted to address the court regarding custody and visitation unless the court determines it is not in the child's best interest. Younger children may be heard if of sufficient age and capacity.

    5. Modification Standard

    Once a permanent custody order is in place, modification requires a significant/substantial change of circumstances (Burchard v. Garay, 42 Cal.3d 531). Temporary orders may be modified more freely.

    6. Relocation

    Governed by In re Marriage of Burgess (1996) 13 Cal.4th 25 and In re Marriage of LaMusga (2004) 32 Cal.4th 1072. A custodial parent has a presumptive right to move, but the court evaluates: distance, age of child, child's relationship with each parent, child's needs, reasons for the move, and the non-moving parent's involvement.

    7. Mediation Required

    Family Code § 3170 requires custody mediation through Family Court Services before a contested hearing.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You are facing a relocation/move-away dispute
    • Domestic violence allegations are involved (DV presumption under § 3044)
    • The other parent is seeking to modify an existing order
    Related Statutes & Laws
    • Cal. Fam. Code § 3011
    • Cal. Fam. Code § 3020
    • Cal. Fam. Code § 3042
    • Cal. Fam. Code § 3080
    • Cal. Fam. Code § 3170

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.