If you and the other parent can't agree on custody or parenting time, a California court will generally require you to meet with a court counselor before a judge decides. In Los Angeles County this is handled by Family Court Services. For many families, this meeting shapes the outcome more than anything else, so it is worth preparing for.
Legal custody and physical custody
California recognizes two kinds of custody:
- Legal custody: the right to make major decisions about a child's health, education and welfare.
- Physical custody: where the child lives day to day.
Either can be joint or sole. The schedule of time with each parent is usually called the parenting plan or visitation schedule.
The standard: the child's best interest
Every custody decision is based on the best interest of the child. Courts look at the child's health, safety and welfare; any history of abuse or family violence; the nature and amount of contact with each parent; and any substance abuse. California generally favors frequent and continuing contact with both parents, as long as that is safe.
What happens at Family Court Services
In a contested case, the court refers the parents to a counselor at Family Court Services. The counselor meets with the parents, sometimes together and sometimes separately, and tries to help them reach an agreement. In Los Angeles County the counselor may also give the judge a recommendation if the parents don't agree. That is why preparation matters.
How to prepare
- Bring a specific proposed schedule: weekdays, weekends, holidays, school breaks and exchanges.
- Focus on your child, not the other parent. Explain how your plan meets your child's needs.
- Be ready to explain logistics: school, activities, work hours, transportation and childcare.
- Bring relevant documents, such as school records or existing orders.
- Stay calm and respectful, even if the other parent isn't.
- Don't coach your child or involve them in the dispute.
If there are safety concerns
If there has been domestic violence or other safety issues, tell the court and Family Court Services before the meeting. Separate meetings may be arranged, and safety concerns weigh heavily in custody decisions.
Child support
Child support is calculated with California's statewide guideline formula, based mainly on each parent's income and the share of time the children spend with each parent. Custody and support are connected, so changes to the schedule can change support.
Orders can change
Custody and support orders can be modified later when circumstances change, such as a move, a new work schedule, or a child's changing needs.
Next steps
If you have a custody hearing coming up, or the other parent has filed a request, a consultation can help you build a realistic parenting plan and prepare for Family Court Services. The California Courts also publish general custody information.
