California courts generally order shared custody, as the presumption is that time with both parents is best for the child. However, that is not always the case. And when it’s not, many parents wonder how to get full custody of a child in California. To get full custody, you must prove that sole custody is in the child’s best interests—which usually means proving it is necessary to protect the child’s welfare.
At the Law Offices of Ali Yousefi, P.C., we understand that custody disputes can be emotionally challenging and legally complicated. Our firm combines deep legal knowledge with a compassionate approach, offering dedicated legal representation to parents working to get the best custody arrangement for their children.
We prioritize the child’s well-being while aggressively advocating for our clients’ parental rights. Whether you are facing an original custody battle or seeking to modify an existing order, we are here to help.
Child Custody in California
To understand custody law, you need to understand several terms, including:
- Custodial parent—a parent with physical custody;
- Legal custody—the ability to make important decisions about the child’s upbringing, including education, healthcare, and religious practices;
- Noncustodial parent— parent without primary physical custody;
- Physical custody—where the child primarily resides;
- Sole custody—one parent has sole legal and physical custody;
- Joint custody—parents share legal custody, physical custody, or both; and
- Visitation—a noncustodial parent’s right to see the child at certain times.
Ultimately, the term “full custody” can have different meanings. Some may interpret it to mean primary physical custody with visitation rights for the other parent, while others may consider full custody as having sole legal and physical custody with full, unshared decision-making authority. Understanding these differences is important when seeking a custody arrangement that best serves the child.
Sole physical custody means one parent has primary physical custody, but the other has visitation rights. Shared legal custody means that both parents have the right to participate in decision-making about the child’s life. This arrangement allows the child to maintain a relationship with both parents, keeps both parents involved in decision-making, and provides the child with a designated primary residence.
Sole Physical and Legal Custody
In contrast, one parent having sole legal and physical custody grants them primary custody and nearly complete authority over major decisions regarding the child’s upbringing. The other parent may have little to no involvement in decision-making or daily care. However, that parent may have visitation rights and will pay child support.
How California Courts Determine Custody
Judges in California carefully evaluate many factors to determine how to award custody between parents. Judges assess each case individually by considering the unique circumstances and needs of both the child and the parents.
The child’s best interests are the primary consideration. Factors that affect the child’s best interests include:
- The child’s health, safety, and welfare;
- Any history of abuse or domestic violence;
- Each parent’s ability to provide a stable home environment;
- The child’s relationship with each parent;
- The child’s preference, if they are mature enough to express one;
- Each parent’s history of involvement in the child’s life; and
- Any evidence of substance abuse or neglect.
Parents who want to know how to win a custody battle should understand these factors and ensure they provide a safe and stable environment.
How to Get Full Custody of a Child in California
If you are seeking full custody, you can get it two ways: by agreement or through a court order following a hearing. In the absence of an agreement, getting full custody involves proving that shared custody is not a viable option and that sole custody is necessary for the child’s well-being.
Filing for Custody
To start the process of getting full custody, you need to submit a request, called a petition, to the family court. This document asks the court for custody and explains why sole custody benefits the child. If you cannot reach a child custody agreement outside of the courtroom, you may need to attend a hearing.
Gathering Evidence
You need to gather important documents, such as school or medical records, to support your request for full custody. Judges rely on records and witness statements to make decisions that serve the child’s best interests.
Strong supporting evidence is crucial to help establish the necessity of sole custody in court. The following documents and testimony may strengthen your case:
- Police reports or restraining orders (if domestic violence is a factor);
- Medical or school records indicating neglect or abuse; and
- Testimony from witnesses, including teachers, doctors, or therapists.
Strong supporting evidence can significantly impact the outcome of your custody case.
Attending Mediation
In California, parents usually need to meet with a mediator before going to court for a custody hearing. Mediation is a process where both parents work with a neutral third party to discuss custody arrangements and try to reach an agreement. The mediator does not make decisions but helps facilitate a conversation to find a solution that works for both parents and serves the child’s best interests.
You can bring your lawyer to mediation, as the mediator will not provide legal advice. The mediation process allows parents to potentially agree on a child custody agreement without having to go to court, present evidence, present arguments, or allow a judge to decide.
Court Hearing
If you do not reach an agreement through mediation, you need to provide evidence to a family law judge supporting your child custody request. It’s best to work with an experienced attorney to build a persuasive case.
Complying with Court Orders
After the court makes a custody decision, both parents must follow the judge’s orders about visitation, custody schedules, and parental duties. This means adhering to scheduled visitations, making custody exchanges on time, and following any restrictions imposed by the court. If a parent fails to comply, they may face legal consequences such as fines, modifications to custody arrangements, or even contempt of court charges.
Get Legal Help for Your Custody Case
If you are seeking full custody of your child in California, it is crucial to have experienced legal representation. At the Law Offices of Ali Yousefi, P.C., we have a proven track record of successfully handling complex custody cases and helping parents navigate the legal process. Contact us today for a consultation to discuss your case and explore your options.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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