California's Laws on Custody and Visitation for the Noncustodial Parent

By Elizabeth Rayne

Navigating child custody laws in California can seem like a daunting task for parents. For the non-custodial parent, it is important to understand the differences between physical and legal custody and the factors that play a role in determining shared and sole custody arrangements. It is also important to recognize that the process does not necessarily end with the initial custody orders; changes in circumstances, including the relocation of the custodial parent, can require repeat contact with the family court.

Legal and Physical Custody

California has two different types of custody: legal and physical. Legal custody refers to which parent makes the major decisions for the child about education, religion and health. In cases of joint legal custody, each parent has equal rights and responsibilities in the decision-making process. Physical custody refers to where the child lives and the time the child spends with each parent. One parent may have sole physical custody, meaning the child lives with that parent full-time, but the noncustodial parent may still have joint legal custody.

Physical Custody and Visitation

When determining custody of a child, the court in California will primarily consider what is in the best interest of the child and err on the side of ensuring that both parents have contact with the child. Unless a parent can prove it is not in the best interest of the child, the court usually will award joint physical custody to the parents. The court has discretion to name one parent the primary caretaker of the child and designate one home as the child's primary residence. In most cases, visitation will be awarded to the parent who does not have primary physical custody.

Protect your loved ones. Start My Estate Plan

Modification

Either the custodial or noncustodial parent may petition the court to have an existing custody or visitation order modified. The court will again look to what is in the best interest of the child. Generally, the parent petitioning the court for a modification of existing custody or visitation orders must show there has been a change in circumstances since the original order, or custodial parent is wrongfully denying visitation.

Relocation

Except where it would affect the welfare of the child, the custodial parent has the right to relocate and change the residence of the child. The noncustodial parent, however, has the right to challenge the custody arrangement in the case of a relocation. The court has broad discretion in determining whether it would be in the child's best interest to remain with the noncustodial parent instead of moving with the custodial parent.

Children's Testimony

In 2012, the California Family Code underwent a significant change regarding a child's right to testify in custody situations. The new law provides that a child may address the court when indicating a willingness to do so and it is found to be in the child's best interest. The court will consider factors such as the age of the child and any potential emotional risk when determining if the child may testify.

Protect your loved ones. Start My Estate Plan
How to Reverse a Sole Custody Order in Missouri

References

Related articles

Child Visitation Laws in Kentucky

Any parent who does not have custody of a minor child is entitled to visitation with the child, according to Kentucky law. However, a judge will limit or deny visitation if the court finds that visitation is not in the best interests of the child. For instance, a parent who is accused of abusing alcohol in the presence of the child could lose his visitation rights. Kentucky also gives grandparents the option to petition the court for visitation rights, which is not possible in every state.

Child Custody Rights for 12 Years & Older

Establishing child custody can be a highly contentious aspect of divorce. Although each parent may feel entitled to a certain amount of contact and authority over a child, custody decisions are made according to what is best for the child. In cases where the child is of sufficient age to understand the nature of the proceedings, his or her participation and preference might be considered by the court. Understanding how state law impacts the custody rights of your pre-teen or teenage child will help you better prepare for the custody process.

California Laws on Parent Relocation

When parents share parental responsibility, the state of California prevents the custodial parent from relocating with a child without either the consent of the non-custodial parent or a court order. This restriction may make it difficult for the custodial parent to take that dream job in another state. However, the prohibition's purpose is to protect the relationship between the child and non-custodial parent by ensuring the non-custodial parent does not suddenly become unable to see his child.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Can Physical Custody Be Changed for Children When Parents Have Joint Legal Custody?

In many instances, it is possible for parents to change their children’s physical custody arrangement when the parents ...

Can You Write a Letter to the Court Requesting a Visitation Modification in Indiana?

Indiana has instituted very specific child custody laws and guidelines to help shield children from parental conflict. ...

Rights of Divorced Parents Sharing Custody of a Child

While child custody and visitation is dictated by state law, every state awards custody and visitation based on the ...

How to Change Joint Custody When the Non-Custodial Parent Leaves the State in Arizona

Divorces represent an opportunity for couples to move on. For some, this process involves physically relocating to ...

Browse by category
Ready to Begin? GET STARTED