Custody & Visitation
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.
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Overview: Child Custody & Visitation
Custody & Visitation: Introduction
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.
What does “parenting plan” mean?
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:
Legal Custody
Where do they go to school?
What sports or activities do they do?
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.
Physical Custody
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 our California Visitation Orders page below.
3. How Do I Get Child Custody Orders?
Divorce (Dissolution of Marriage)
Parentage (paternity) Actions
Legal Separation
Domestic Violence Restraining Orders (DVRO)
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.
In California family law cases, parents can request child custody and visitation orders through several types of legal proceedings, such as:
Mediation (Child Custody Recommending Counseling)
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: Common Questions
What is Meditation?
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.
Is meditation free?
Mediation is typically free and scheduled by the court after the family law case involving requests for child custody and visitation orders is filed.
If an agreement is reached during meditation:
In many counties, if you reach an agreement, the counselor can help you write it up and submit it to the court for approval.
If no agreement is reached during meditation:
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:
Agreement
DNA Testing
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).