The law in plain words
California splits custody into two parts: who makes decisions, and where the child lives. Under Family Code 3020, the child's health, safety and welfare are the court's primary concern.
Four kinds of custody
The Family Code uses four terms. Most orders combine one legal and one physical arrangement.
- Joint legal custody: both parents share decisions about health, education and welfare.
- Sole legal custody: one parent makes those decisions.
- Joint physical custody: each parent has significant periods with the child.
- Sole physical custody: the child lives with one parent, and the court can still order visits.
A court can give joint legal custody without joint physical custody. A joint legal order should also say which decisions need both parents' consent. Without that, either parent can act alone.
Where the court starts
Family Code 3040 sets no preference for joint or sole custody. The only presumption applies when both parents agree to joint custody. The law then presumes joint custody serves the child.
The state's stated policy is frequent and continuing contact with both parents. When choosing between parents, the court also asks which one is more likely to allow that contact.
Safety outranks contact. If the two pull in different directions, the order must protect the child and everyone in the family first.
What the judge must weigh
Family Code 3011 lists what the court must consider, alongside anything else relevant. That includes:
- the child's health, safety and welfare
- any history of abuse against the child, the other parent or a household member
- the nature and amount of contact with each parent
- habitual drug or alcohol abuse by either parent
The court can ask for independent proof of abuse, such as a police report. Leaving the family home for a short time, or because of domestic violence, cannot be held against you.
Mothers' and fathers' rights
California law is gender-neutral. Under Family Code 3040, the court may not consider a parent's sex, gender identity or sexual orientation. A parent's immigration status cannot disqualify them either.
The mother and a presumed father are equally entitled to custody under Family Code 3010. Neither starts ahead. What moves a judge is the evidence under section 3011.
Getting sole custody
Sole custody is not a separate test. The judge applies the same health, safety and welfare standard and the same factors. With no preference either way, the case turns on the facts each parent can show.
A domestic-violence finding can trigger Family Code 3044's custody presumption. Habitual drug or alcohol abuse also matters. In those cases the court can limit or supervise visits, and must explain why in writing.
Agreeing without a court hearing
Parents who agree can skip a contested hearing. You write the plan down and file it with form FL-355 and the FL-341 attachments.
The filing fee is generally $20. The plan becomes an enforceable court order once the judge signs it and the clerk files it. Our schedule comparison tool can help you choose a rotation.
Domestic violence changes the starting point
California has a strong rule here. Under Family Code 3044, a finding of domestic violence in the last five years creates a presumption. The law presumes custody with that parent harms the child.
The parent must overcome it by a preponderance of the evidence. That means showing something is more likely than not. The frequent-contact policy cannot be used to do it.
The court looks at things like a batterer's program, parenting classes and compliance with protective orders. It must decide whether this rule applies before making a custody order. The current version took effect on January 1, 2026.
Mediation comes first
If custody or visitation is disputed, mediation is mandatory under Family Code 3170. Every superior court provides a mediator, and the sessions are private.
In some counties the mediator can give the judge a written recommendation. That is called child custody recommending counseling, and you must see it beforehand.
You will usually attend an orientation first. Leave your children at home. If there is a protective order, you can ask to meet the mediator separately.
Your child's voice
A child mature enough to reason about it has their wishes weighed with due weight. A child aged 14 or older may address the court unless the judge finds that harmful. If the judge keeps the child out, the court must get the child's input another way.
A child is never required to choose a parent. The mediator may also speak with the child directly.
If you were never married
Under Family Code 3010, the mother and a presumed father are equally entitled to custody. The courts' self-help guide puts it simply: until there is an order, both parents have the same rights.
Only legal parents can get custody orders. Signing a Voluntary Declaration of Parentage, often at the hospital, counts as a judgment of parentage. Either parent can rescind it within 60 days. An earlier custody, visitation, or support order may end that right.
Without one, a parent files a Petition to Determine Parentage first.
Moving away with your child
A parent with custody can generally move the child's home, but the court can stop a move that would harm the child. That rule is in Family Code 7501.
If your order includes it, Family Code 3024 asks for written notice of a move longer than 30 days. Give it at least 45 days ahead where you can.
The outcome depends heavily on the current arrangement. A parent with sole physical custody under a final order usually has more room than one sharing physical custody.
Changing an order
A custody order can be changed while the case runs or afterwards. The courts ask you to explain what has changed since the last order.
You ask with form FL-300, using the same case number. A joint custody order can be changed or ended if the child's best interest needs it.
How to file for custody in California
Custody cases are heard in your county's superior court. For a first order, California usually needs to have been the child's home for the past six months.
- Choose the right case. Married parents ask inside a divorce or separation case. Unmarried parents who are both legal parents file a Petition for Custody and Support. Otherwise, start with a Petition to Determine Parentage.
- Ask for orders. Use form FL-300, the Request for Order, with form FL-311 for the schedule and exchanges.
- Pay or waive the fee. An FL-300 costs about $60 to $85. A first filing that opens a case costs about $430 to $450. Fee waivers are available.
- Serve the other parent. Someone other than you delivers the papers.
- Go to mediation. Contested custody goes to a court mediator before the hearing.
Every county court has a free self-help center that can check your forms.
What changed recently
Three updates matter if you read older guides.
- Piqui's Law (January 1, 2024): courts may not order reunification camps that need forced transport or cut off contact with a parent.
- Virtual visits (January 1, 2024): when limiting visits, the court must consider video visits.
- Domestic violence (January 1, 2026): the current Family Code 3044 became operative. Its factors include protective-order compliance and firearm violations.
Building the record
Section 3011 asks about the nature and amount of contact with each parent. That is answered with dates, not adjectives. Note each visit, each missed visit and each exchange as it happens.
If you raise safety, keep the police report, school note or medical record beside your own entry. Casewell keeps those notes and files together. A lawyer or mediator can then read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A California mediation-ready record
Mediators and judges both work from facts they can check. Keep these items current before your first session.
Keep the record California mediators ask for
Casewell keeps your dated entries, the files behind them and any changes to the plan in one private place. Export the period a mediator or lawyer needs as a focused PDF.
Is California a 50/50 custody state?
Not by default. Family Code 3040 sets no preference for joint or sole custody. Joint custody is presumed only when both parents agree to it.
Who usually gets custody of a child in California?
California publishes no outcome figures. A judge decides on the child's health, safety and welfare, the Family Code 3011 factors and contact with each parent. A parent's sex cannot be considered.
What rights do fathers have in California?
A presumed father and the mother are equally entitled to custody under Family Code 3010. A father who is not presumed can sign a Voluntary Declaration of Parentage or file a parentage case.
How do I file for custody in California?
Open the right case for your situation, then file form FL-300 with form FL-311 at your county superior court. Serve the other parent, then attend mandatory mediation before the hearing.
Can I get custody without going to court in California?
Yes, if you both agree. File your written plan with form FL-355 and the FL-341 attachments, and a judge signs it into an order. The fee is generally $20.
Is custody mediation mandatory in California?
Yes, when custody or visitation is disputed. Family Code 3170 requires the court to send the contested issues to mediation before a hearing.
What is the new child custody law in California?
The biggest change is the rewritten domestic violence presumption in Family Code 3044, which applies from January 1, 2026. Piqui's Law, from 2024, also limits reunification programs.
Sources
This page summarizes the California Family Code and the California courts' self-help guides as of October 2026. It explains the law in general terms and is not legal advice.
- California Family Code 3011 โ factors in deciding the child's best interest checked
- California Family Code 3020 โ health, safety and welfare first; frequent and continuing contact checked
- California Family Code 3040 โ order of preference; no preference for joint or sole custody checked
- California Family Code 3044 โ domestic violence presumption (operative January 1, 2026) checked
- California Family Code 3170 โ mandatory mediation of contested custody checked
- California Family Code 3042 โ the child's wishes checked
- California Family Code 7501 โ a parent's right to change the child's residence checked
- California Courts self-help โ child custody and parenting time checked
- California Courts self-help โ moving away with your child checked
- California Courts self-help โ asking for custody and visitation orders (FL-300, FL-311) checked
- California Courts self-help โ preparing a custody agreement (FL-355, FL-341) checked
- California Family Code 3010 โ the mother and a presumed father are equally entitled to custody checked