California Child Custody Orders
Learn the basics of how custody orders work in California family law cases. Whether you're requesting, responding to, modifying, or terminating child custody orders, this page explains the different types of custody the court may order.
1. Overview: Child Custody & Visitation
Once separated, parents with minor children may agree on a child custody/visitation schedule between themselves. If an agreement cannot be reached, then the Court may decide these issues based on what the Court views is in the best interest of the child. This schedule includes both where the children will spend their time (physical custody/visitation) and who makes the decisions for the children (legal custody).
Custody key terms, at a basic level:
Child Custody refers to the rights and responsibilities between parents as it relates to their children.
Visitation (aka parenting time) refers to how and when each parent will spend time with their children.
Courts often refer to child custody and visitation collectively as the "parenting plan." Courts encourage parents to agree between themselves the details of a parenting plan for their children. However, when parents who are involved in court proceedings that concern the custody of minor children cannot mutually agree on a parenting plan, then the court will step in and make orders on the parenting plan to be followed.
Please note the difference between physical custody and visitation:
- Physical custody pertains to whether a child lives solely with one parent or spends varying periods of time with both parents, whereas
- Visitation pertains to the specific days and times that the child(ren) spends with each parent.
(California Family Code § 3011, § 3100–3105)
2. Types of Custody Orders
Who makes important, long-term decisions about the child's upbringing and welfare, such as: What sports or activities do they do? Where do they go to school? Where do they receive healthcare and under whose insurance? What religion do they practice?
Joint Legal Custody (Family Code Section 3003):
Means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
Sole Legal Custody (Family Code section 3006):
Means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
Sole Decision-Making Responsibility:
In some cases, parents can request sole decision-making responsibility over a specific type or set of issues. If the court grants a parent sole decision-making responsibility over an issue such as healthcare, for example, that means that that parent can make decisions regarding their child's healthcare that he or she believes to be in the child's best interest without having to first consult with, or get permission from, the other parent.
In whose household(s) the children live.
Joint Physical Custody (Family Code section 3004):
Means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents.
Sole Physical Custody:
Means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.
Primary Physical Custody:
The children live primarily with one parent (i.e., more than 50% of the custodial time).
Visitation: Want to learn more about visitation?
See Visitation Orders3. How Do I Get Child Custody Orders?
In California family law cases, parents can request child custody and visitation orders through several types of legal proceedings:
If no court orders currently exist: A parent can ask the court to make initial custody and visitation orders by filing the appropriate forms for their case type.
Before a California judge can issue new or change existing custody or visitation orders, the parents are usually required to attend mediation, also called Child Custody Recommending Counseling (CCRC). (California Family Code § 3170: Requires mediation when parents cannot agree on custody or visitation.)
Mediation (Child Custody Recommending Counseling)
Mediation is a confidential meeting with a neutral counselor (often a mental health professional or court-connected mediator) whose job is to help parents work out a custody and visitation plan that supports their child's best interest.
Mediation is typically free and scheduled by the court after the family law case involving requests for child custody and visitation orders is filed.
In many counties, if you reach an agreement, the counselor can help you write it up and submit it to the court for approval.
In "recommending counties," if no agreement is reached, the counselor may write a report with custody and visitation recommendations for the judge. These recommendations are not final but are often given significant weight in the court's decision.
Parentage (Paternity) Case
Before a court in California can issue child custody or visitation orders for unmarried parents, parentage must be legally established. A parentage case (sometimes called a "paternity" case) determines who the child's legal parents are. (California Family Code §§ 7600–7730: Governs parentage proceedings.)
When is a parentage case required? If you were not married or in a registered domestic partnership when your child was born, the court needs to establish legal parentage through a judgment before making any custody or support orders.
Parentage can be established by any of the following: DNA Testing · Agreement · A prior declaration of parentage
Establishing parentage protects both the child's rights (like inheritance or access to health insurance) and the parents' rights (such as the ability to request custody or visitation).
4. Modification Requests through a Request for Order (RFO)
How do I modify an active child custody and visitation order?
If the child custody and visitation orders were issued under a Domestic Violence Restraining Order: Modification requests for child custody and visitation orders issued under a Domestic Violence Restraining Order are made using the Request to Change or End Restraining Order (form DV-300).
Otherwise: If you already have an active custody or visitation order, and your circumstances have changed, you can ask the court to change the order by filing a Request for Order (form FL-300).
Common reasons for modifying an order include:
- A change in work schedule, housing, or availability
- A parent relocating or planning to move
- Concerns about a child's safety or well-being
- A child's changing needs or preferences (if age-appropriate)
What happens after filing? The other party must be served with a copy of the Request for Order and supporting documents. Both parties will usually be required to attend child custody mediation (CCRC) before the hearing. At the hearing, the judge will consider the child's best interest under Family Code § 3011, which includes factors like the child's health, safety, and emotional needs.
Is there any specific timeframe required? There is no mandated waiting period to request a modification. However, the court will consider whether there has been a substantial change in circumstances since the last order was made. The primary consideration is always the best interest of the child, focusing on their health, safety, and welfare.
Important note: Once a judge signs a new order, it replaces the old one. Keep copies of all updated orders for school, child care, and exchanges.
5. Safety Considerations in Child Custody Orders
Restraining orders, convictions for domestic violence, and allegations of domestic violence can impact how the court issues child custody and visitation orders. For more information about DV and child custody, read the Court's breakdown of California Family Code section 3044.
Courts handle visitation where there are allegations or findings of abuse with Fam Code § 3044: Presumption and Supervised Visitation.
If the court issues custody, visitation, or support orders as part of a DVRO after notice and hearing, those orders remain in effect even after the restraining order ends, unless they are modified or terminated by a separate court order. This is codified in California Family Code § 6340(a)(1), which states: "If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order."
6. Relevant Statutes
Relevant California Child Custody and Visitation Statutes
California Family Code § 3044 creates a rebuttable presumption that granting sole or joint physical or legal custody to a person who has perpetrated domestic violence is detrimental to the child. Courts must weigh DV findings heavily in custody decisions.
California Family Code § 3010 states that the father and mother are equally entitled to the custody of the child. Neither parent has a superior right to custody based solely on gender.
California Family Code § 3020 establishes that it is the public policy of California to assure that children have frequent and continuing contact with both parents after separation or dissolution, except where such contact is not in the child's best interest.
California Family Code § 3027 requires the court to take into account any history of abuse by either parent and to ensure the safety of the child and victim of domestic violence. The court shall not require mutual consent before making any changes to custody or visitation orders if there are allegations of abuse.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in California Family Code §§ 3400–3465, governs which state has jurisdiction to make child custody determinations. California courts generally have jurisdiction when California is the child's "home state" — meaning the child lived in California with a parent for at least six consecutive months immediately before the proceeding began.
California Family Code § 3011 directs courts to determine what is in the best interest of the child. Factors include: (a) the health, safety, and welfare of the child; (b) any history of abuse; (c) the nature and amount of contact with both parents; and (d) the habitual or continual use of illegal controlled substances, alcohol, or prescription drugs by either parent.
7. Free Court Forms
California Judicial Council forms for child custody, visitation, parentage, and related proceedings are available for free on the following pages:
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