Does California have equal sharing of child custody?

On Behalf of | Jul 18, 2024 | Custody |

In California, there is the presumption that divorced parents will automatically have joint custody of their children. While this is often the case, the court can award sole custody whenever it shows this is in the child’s best interests.

Equal custody sharing does not automatically mean 50/50

The court recognizes that a literal 50/50 division of parental time may not be possible. In its decision, the court will always weigh what is in the child’s best interests. This could mean anything from scheduled and supervised visits to reasonable open-ended plans. What is essential is that the child gets equal support and presence from both parents, regardless of how many hours each spends with the child.

Is changing the sharing plan possible?

Family courts understand that life is sometimes unpredictable. There will be times when the custody schedule needs to change. You or your ex-spouse may need to deal with something meaningful and re-schedule. Your child may have an activity or occasion at school that will make them miss their visit with you. Any unforeseen event can change the custody schedule and require the court to approve a new plan.

Asking the court to approve schedule changes

Facilitating schedule changes can be as easy as calling your lawyer to do it for you. The child custody process in California requires court approval, including modifications after the order issuance. It is best to seek legal guidance to make the process smoother. Time with your child is precious. You don’t want other unnecessary things taking up your time you could use to spend with your child.