Parents holding their child's hands

CHILD
CUSTODY

Temecula, California Child Custody and Visitation

Helping Parents Throughout the Inland Valley

If you are a parent who is facing divorce, you are probably concerned about how the divorce will affect your children, especially your relationship and the time you spend together. Where will the children live? Who gets to make important decisions for them? What if the other parent doesn’t cooperate with the visitation schedule? What if the other parent tries to get sole custody? These are a few of the many concerns parents come to us with when they are confronted with a divorce or breakup.

At Roberts & Zatlin, we know how important it is for you to get your questions about California child custody and visitation answered so that you can have some peace of mind about the legal process ahead. While the facts of every family law case are unique, the law of child custody and visitation matters in California applies to all of them. Understanding the basics can help you know what to expect.

  • Kim Roberts is great! She was determined and presented my case well. She didn’t let herself be sidetracked or flustered by the other side. I have recommended her several times and everyone has been happy.
    Debi


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Essentials of California Child Custody and Visitation (Parenting Time)

When we talk about custody, we are actually talking about two separate things: physical custody and legal custody. Physical custody means where the children live. While it is possible for one parent to have sole or primary physical custody, it is common to have joint physical custody, where the child lives with both parents. The visitation schedule, also called “parenting time,” will set the days and times when the children will be with each parent.

Legal custody refers to the right and responsibility to make major decisions for the child, such as how they will be educated, what medical treatment they will receive, and what religion they will be raised in. California courts generally prefer that parents have joint custody and share in these important responsibilities unless one parent is proven to be unfit.

Even when one parent has primary physical custody of a child, both parents may share legal custody. If the parents can work together with their child’s needs in mind, this can work out well for everyone.

California Family Code Section 3020 states that the health, safety, and well-being of the child are the court’s top priority in custody decisions. The law assumes that frequent and ongoing contact with both parents is good for children, as long as it does not pose a threat to their safety. This assumption guides judicial decisions, but it is not absolute – courts have the discretion to tailor orders based on the unique circumstances of each family.

Parenting plans, which outline custody arrangements, holidays, transportation, and communication, are becoming more common in Riverside County courts. Well-crafted parenting plans reduce ambiguity, minimize conflict, and provide children with predictable schedules that support their emotional development.

  • I was a client of Kim Roberts and she did an excellent job and handled everything very professionally. She was very reasonable and l am satisfied with her level of service. Highly recommended.
    Alan

The “Best Interests of the Child” Standard

Typically, it is best if you and your spouse can agree on custody and parenting time arrangements. You are the ones who know your family’s schedules and your child’s needs. As long as your arrangements are reasonable, the court will likely approve them.

What if you cannot agree on custody and parenting time? In that case, the court will make a decision for you based on the “best interests of the child.” The specific factors the court will consider include:

  • The child’s wishes, if the child is old enough to express a reasonable preference;
  • Each parent’s mental and physical health;
  • Religious and/or cultural considerations;
  • The stability of the home environment and the need for that to continue;
  • The custody arrangement of other children in the family, such as half-siblings;
  • The opportunity each parent will provide for interaction with grandparents and other extended family members;
  • The child’s interactions with other household members;
  • The child’s adjustment to school and community;
  • The child’s age and sex;
  • Whether there is a history of domestic violence in the home;
  • Whether there is a history of excessive discipline or emotional abuse by a parent;
  • Whether there is evidence that a parent abuses drugs or alcohol or has committed child abuse, including sexual abuse.

If it is necessary for the court to make a decision about custody, you will want to work with an attorney who knows what evidence and testimony will help the judge view your position most favorably. Once a child custody determination has been made, it can be very difficult to change unless the parties agree or there is a significant change in circumstances, so it is important to get it right the first time.

Child Custody and School Choice in California: Who Decides?

Experienced, Compassionate Representation for Your California Custody Matter

Attorney Kim Roberts and Attorney Michael Zatlin concentrate their legal practice on California family law. With over 30 years of legal experience combined they have protected the rights and safety of numerous clients involved in domestic abuse cases. Kim and Michael stand up for clients when they are in jeopardy and is a powerful advocate at every stage of the legal process.

Roberts & Zatlin, located in Temecula, serves clients in Temecula, Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, and throughout the Inland Valley. We invite you to contact us to schedule a consultation to discuss your custody matter. We look forward to working with you.

Common Child Custody FAQs

What is the difference between physical custody and legal custody in California?

This is one of the most common questions parents have. Physical custody refers to where your child lives day-to-day and the visitation schedule (parenting time) that determines when the child is with each parent. Legal custody, on the other hand, is the right to make major decisions about your child’s life, including education, medical care, and religious upbringing. California courts strongly prefer that parents share joint legal custody unless there is evidence that one parent is unfit. Physical custody can be shared jointly or awarded primarily to one parent, depending on what serves the child’s best interests.

How does a California court decide who gets custody?

The court’s guiding principle is always the “best interests of the child.” Judges consider many factors, including: the child’s age and health, the emotional ties between the child and each parent, each parent’s ability to provide a stable home environment, the child’s adjustment to their school and community, any history of domestic violence or substance abuse, and, if the child is mature enough, their own wishes. There is no automatic preference for mothers over fathers in California. Both parents stand on equal footing, and the court focuses solely on what arrangement will best support the child’s well-being.

Can we create our own custody and visitation agreement without going to court?

Absolutely. In fact, this is highly encouraged. You and your spouse (or the other parent) are the experts on your child’s needs and your family’s schedule. If you can reach a reasonable agreement on custody and parenting time – whether through negotiation, mediation, or with the help of your attorneys – the court will almost always approve it. This approach reduces conflict, saves money, and allows you to maintain control over your family’s future rather than leaving important decisions to a judge who doesn’t know your child.

What happens if the other parent doesn’t follow the visitation schedule?

This can be very frustrating, but you have options. If the other parent consistently denies you court-ordered parenting time, you can file a request to enforce the order. The court may order “make-up” parenting time, require the other parent to attend co-parenting counseling, or even modify custody if the interference is severe. In extreme cases, the court can impose fines or other sanctions. Keep detailed records of missed visitation and any communication with the other parent. An experienced child custody attorney can help you enforce your rights without escalating conflict unnecessarily.

At what age can a child decide which parent to live with in California?

There is no magic age. California law allows a child who is “of sufficient age and capacity to reason” to state a preference, but that preference is not binding on the judge. A child as young as 12 or 13 may be interviewed by the judge (in chambers, privately) or have their wishes considered through a custody evaluation. However, the judge will always weigh the child’s preference alongside all other factors, including the child’s maturity and whether the preference appears to be influenced by one parent. The court’s ultimate duty is to protect the child’s best interests, not simply to follow the child’s wishes.

Can custody and visitation orders be changed after the divorce is final?

Yes, but it is not easy. California courts value stability for children, so you must show a “significant change of circumstances” since the last order was made. Examples include: one parent relocating far away, evidence of abuse or neglect, a parent’s substance abuse problem, or a parent’s extended absence due to illness or incarceration. You cannot ask for a modification simply because you are unhappy with the original order. If you believe circumstances have genuinely changed, an attorney can help you evaluate whether you have grounds to request a modification.

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