Updated July 2025
Divorcing with children is never easy, as custody concerns can be particularly trying. California law emphasizes the best interest of the child, which has traditionally meant sharing time with both parents whenever possible. However, in certain situations, it may be better for just one parent to have sole custody. If you’re considering having your child or children stay with you exclusively, there are some points to take into account.
“Be aware, too, that there are two different types of custody,” notes attorney John Griffith. “Physical custody refers to where the child actually resides, and legal custody is related to decision-making when it comes to education, healthcare, and the like.”
Whether you or your spouse are seeking full custody, it’s important to understand how such cases are typically handled in California.
Child Custody in California
Child custody is one of the most important issues families face during a family law matter in California. At its core, child custody refers to the legal and practical relationship between a parent and their child, including where the child lives and who makes important decisions about their upbringing. Under California family law, the family court system is responsible for determining custody arrangements when parents or couples cannot reach an agreement on their own. The court’s primary focus is always the best interests of the child, ensuring their safety, stability, and overall well-being.
The type of family law case—such as divorce, custody, or support—can affect the legal process and the issues that arise. In some child custody cases, it may be necessary to establish paternity, and parties may need to prove facts like paternity or residency in court. Related issues such as property division, the share of assets, and payment of child or spousal support may also come up, especially when dissolving a marriage. The legal process often involves important dates and multiple times when actions, such as filing documents or meeting deadlines, must be taken.
Navigating the child custody process can be complex and emotionally challenging, which is why working with a knowledgeable family law attorney is essential. An experienced attorney can help parents understand their rights, guide them through the legal process, and advocate for a custody arrangement that supports the child’s future and best interests.
Reasons Why Full Custody May Be Granted in California
In certain circumstances, California courts may award sole custody to one parent. These matters are complex family law issues that require careful consideration by the court, as each family law issue involves unique facts and legal issues.
Here are some examples of the most common cases:
- Domestic violence: If there is any substantiated claim of domestic violence, California courts will rarely award the accused parent custody of a child. While there are rare exceptions, full custody is not possible for a parent with a recent history of domestic abuse toward either the child or the other parent. California Family Code 3044 explains this situation in greater detail. The judge will ultimately decide custody based on the specific legal issue and the best interests of the child.
- False allegations of abuse: If one spouse falsely accuses the other party of abuse, this could be a case in which the accuser will not likely get full custody of the child. The judge evaluates claims from both sides to determine the truth of the allegations, and each party may need to prove their claims in court.
- Paternity disputes: In cases where parentage is questioned, establishing paternity is crucial for determining custody, visitation, and child support.
- Documented, continued drug or alcohol abuse: California Family Code 3041.5 stipulates that there has to be evidence of repeated and documented abuse of drugs or alcohol. There are also guidelines established for drug testing in child custody cases.
- Child abduction or the threat of it: If there is any potential abduction, that’s a matter California courts don’t take lightly. It would be extremely difficult for a parent convicted of child abduction to then obtain full custody over that child.
The Importance of the Child’s Best Interest
In every California family law case involving child custody, the court’s top priority is the best interest of the child. This guiding principle shapes every decision the court makes, from temporary orders to final custody arrangements. Judges carefully consider a range of factors, such as the child’s age, health, emotional ties to each parent, and each parent’s ability to provide a safe and nurturing home. The court also evaluates the level of care each parent provides, ensuring the child’s needs are met with compassion and attention. The court looks at the parents’ willingness to support the child’s relationship with the other parent and their history of involvement in the child’s life.
Parents and attorneys should work together to identify the family’s goals for the custody arrangement, aligning legal strategies with the long-term well-being of the child. Achieving peace of mind for both parents and children is essential, as a stable arrangement can bring peace and security to the family. The process can cause significant stress and uncertainty, but experienced legal guidance can help reduce these feelings by providing clarity and support throughout the proceedings. By focusing on these factors, the court aims to create a parenting plan that fosters the child’s happiness, security, and long-term development. Parents who work with a skilled Carlsbad family law attorney can better understand how to present their case and demonstrate their commitment to their child’s best interests. With the right legal guidance, families can navigate the process more effectively and help ensure the best possible outcome for their child’s life and future.
The Entire Process of Getting Full Custody
Securing full custody in California is a multi-step process that requires patience, preparation, and a clear understanding of the family court system. The journey begins when a parent files a petition for custody with the court and serves the other party. Before moving to trial, California law requires both parties to participate in mediation, where a neutral mediator helps address issues and encourages the creation of a parenting plan that works for everyone involved. If mediation does not lead to an agreement, the case proceeds to litigation, where both parties present their cases in the courtroom. The judge will review all evidence and testimony before making a final decision.
Depending on the complexity of the issues and the level of cooperation between the parties, the process can take anywhere from a few months to several years. Throughout this time, having an experienced family law attorney by your side is crucial to help you navigate each step, advocate for your interests, and work toward a parenting plan that meets your child’s needs.
Tips on How to Get Full Custody of a Child in California
- Be timely with all documentation. Particularly if your custody case involves allegations of child abuse or substance problems, you should file all required paperwork and complete all necessary forms immediately, including those related to spousal support, child support, and visitation. Make sure you understand your payment obligations, such as child support or legal fees, as these can significantly impact your case.
- Be completely honest. Any information provided should be done in good faith; if there are inconsistencies or falsities given, the custody process will likely be delayed. Providing accurate information on every form is crucial.
- Consult with an expert. The advice above is only preliminary; your individual case should be taken to a lawyer well-versed in California family law. We recommend consulting with a qualified family law attorney who can handle complex custody cases and provide the high-quality service you deserve. Take time to learn about your legal options and the services available to you. Getting started early in the process can improve your chances of success and help you navigate the legal system with confidence.
Preparing for a Child Custody Case
Getting ready for a child custody case in California requires thoughtful preparation and a clear understanding of the legal process. Parents should start by collecting important documents, such as birth certificates, medical and school records, and any evidence that demonstrates their involvement in their child’s life. Keeping a detailed record of participation in school events, medical appointments, and extracurricular activities can help show the court your commitment to your child’s well-being. It’s also important to be ready to discuss your income, employment status, and living situation, as these factors can influence the court’s decision.
By being organized and proactive, you can effectively advocate for your rights and your child’s best interests in the courtroom. Starting the process with a clear plan and the support of a knowledgeable family law attorney can make a significant difference in achieving a resolution that supports your child’s life and future.
Court Proceedings and Trials
When child custody disputes reach the courtroom in California, both parties have the opportunity to present their case before a judge. During the trial, each party can submit evidence, call witnesses, and make arguments to support their desired outcome. The judge will carefully consider factors such as the child’s age, health, and the quality of the relationship with each parent, as well as any history of domestic violence or substance abuse. The primary goal is to reach a resolution that serves the best interests of the child, which may result in joint or sole physical custody, or even supervised visitation if necessary. In some cases, the court may limit or restrict contact between the child and one or both parents to ensure the child’s safety and well-being. By understanding the court proceedings and what to expect during trial, parents can better prepare for this important stage of their family law matter and work toward a custody arrangement that supports their child’s future.
Why Choose Griffith Young for Your Child Custody Needs
Our law firm is recognized for its strong reputation in family law and for providing amazing service to clients. We proudly serve clients in Carlsbad, Oceanside, San Marcos, Vista, North County, and throughout North San Diego County, offering local expertise and a deep understanding of the community. Our attorneys are compassionate, attentive, and dedicated to delivering personalized service and care to every client. We are members of reputable legal organizations and are regulated by the State Bar of California, ensuring the highest standards of professionalism and ethics.
If you are facing difficult family law challenges, our team will stand by you and help you navigate the process with confidence. We work closely with clients to understand their goals and achieve the best possible outcomes. Our commitment is to provide peace of mind during times of stress and uncertainty, minimizing both for our clients. We handle complex family law cases and strive to reduce unnecessary fighting in court, always advocating for your best interests.
Examples of family law cases we handle include divorce, child custody, child support, spousal support, and restraining orders. We encourage you to learn more about your legal options and recommend contacting our firm for guidance. Get started with your case today—our team will stand with you every step of the way.
Contact Our Child Custody Attorneys Today
If you’re concerned about getting child custody in your divorce case, please call 858-345-1720 to get started. If you’d prefer, you can also email to schedule a free consultation. Our amazing team is dedicated to providing outstanding service and genuine care for every client. We understand the stress and uncertainty that family law matters can bring, and we are here to help you find peace of mind throughout the process. We recommend scheduling a consultation to learn more about your options and experience the difference our compassionate support can make. Having the right legal assistance can make all the difference for the client and their family law matters.