Child Custody in Los Angeles

Sole vs. Joint Custody 

There are two types of custody under the law: legal and physical. Legal custody involves the decision-making authority of the parents regarding the minor child (big decisions affecting the child’s health, education, and welfare, such as where they will attend school, which doctors the kids see, and authorizing a driver’s license, things like that). Physical custody addresses where the child will live and the timeshare for visits (custodial time) for the parents.

Sole Legal Custody

One parent holds primary responsibility for the child’s care or decision-making. This may occur when one parent cannot provide a safe, stable environment or when there is high conflict.

Joint Legal Custody

Both parents share responsibility for care and decision-making. California courts often encourage joint custody, allowing children to maintain strong relationships with both parents while benefiting from active involvement by each. As a practical matter, the general “default” for Legal custody is 50/50.

How Courts Decide Physical Custody

When determining custody, California courts focus on the child’s best interests. 

Common considerations include:

• The child’s age and health
• The emotional bond with each parent
• Each parent’s ability to provide stability and care
• History of domestic violence or substance abuse
• The child’s wishes (if mature enough)

Because Los Angeles is such a diverse and dynamic city, families often face unique circumstances, from demanding work schedules to relocations, which can influence how custody is arranged.

How to Request Full Custody in California

California courts generally encourage both parents to stay involved in a child’s life, which typically translates to a 50/50 sharing of time with the child.  A 50/50 timeshare, while preferred (if other circumstances cooperate), is not always the best result for the children or sometimes the parents, and the court will often make timeshare orders that provide “frequent and continuing contact” with the kids that aren’t always 50/50. Also, some parents want to seek “sole” physical custody (typically where the child spends over 70% of their time with one parent), contending that a 50/50 timeshare (or close to it) is not best for the children because, for example, one parent contends the other parent cannot provide a safe and supportive environment for the children. 

Judges may consider awarding full custody to one parent if the other parent:

• Has a history of domestic violence
• Struggles with untreated drug or alcohol issues
• Has caused physical, emotional, or mental harm to the child
• Cannot provide age-appropriate guidance
• Cannot properly care for the child due to chronic mental illness

Providing clear evidence is crucial, as false allegations can jeopardize your own parental rights, so working with a skilled child custody attorney is essential.

Understanding “Unfit Parents” in California

In some cases, a court may determine that a parent is unfit to care for their child. Being deemed unfit can affect custody and visitation arrangements, even if full custody is not requested. A parent may be considered unfit if they consistently neglect the child, are unable to provide basic care, refuse to participate in important decisions affecting the child, struggle with untreated substance abuse, or fail to maintain age-appropriate rules and boundaries. When a parent is found unfit, the court may limit their custody or visitation rights to protect the child’s safety and well-being. Presenting accurate evidence and working with experienced legal guidance is essential, as false claims can have serious consequences for all parties involved.

Modifications to Custody Orders

Life in Southern California can change quickly, whether due to career moves, school changes, or other major events. Custody orders are not permanent. If a significant change occurs, parents can request a modification to better fit the child’s needs. Our attorneys regularly assist with modifications, whether they involve scheduling, relocations, or adjustments to decision-making authority.

Why Families in Los Angeles Turn to Feinberg & Waller, APC

Our attorneys focus exclusively on family law, with an emphasis on child custody matters, as those issues arise in many of the cases brought in court. We guide families through both straightforward and complex cases, providing practical, compassionate support and effective advocacy.

Talk to a Los Angeles Child Custody Attorney Today

Whether you are navigating a divorce, revisiting a custody order, or protecting your parental rights, Feinberg & Waller, APC is here to help.

Additional Resources on Child Custody

Child custody issues can become more complex when they involve out-of-state or international considerations. 

To help families navigate these situations, we provide resources:

• Out-of-State Child Custody
• Interstate & International Child Custody
• Hague Convention / International Child Abduction
• VIDEO: Child Custody in Los Angeles & Ventura County

Frequently Asked Questions

Do children get to choose which parent they live with?

Children’s preferences are considered if they are mature enough, typically around 14 or older, but the court ultimately decides based on the child’s best interests.

Can a parent with a history of substance abuse regain custody?

Courts focus on current ability to provide a safe and stable environment. Demonstrating rehabilitation, ongoing treatment, and consistent care can positively impact custody decisions.

What role does mediation play in Los Angeles custody cases?

Mediation is often required to help parents reach an agreement without litigation. A neutral mediator guides discussions on schedules, parenting responsibilities, and other custody issues. The concept here is that the court provides an opportunity for the parties to meet with an unbiased neutral, typically a social worker with training and experience in custody matters. Some counties (Los Angeles, for example) are what are called “non-reporting” counties. This means the parties are required to meet with a custody counselor if there are litigated custody issues in a case, but if the matter fails to resolve, the only thing the court (Judge) is told is that the parties attended counseling, as ordered. Other counties (Ventura and San Diego, for example) are what are called “reporting (or recommending)” counties. This means that, after the parties have met with the counselor, that counselor will prepare a detailed recommendation for custodial and visitation (timeshare) orders, and that recommendation is then shared with the Judge, who now has this opinion from the counselor to consider when making these orders. This can have a significant impact on the Court’s custody decisions, so “mediation” (the program through the courts used to be called mediation, but has since, for legal reasons, changed names to “counselling”) in a reporting county must be taken very seriously and, in a perfect world, the parents will have the opportunity to consult with legal counsel before that session.

Are custody agreements enforceable if one parent doesn’t follow them?

Yes. Courts can enforce custody orders through legal remedies, including contempt proceedings, modifications, or supervised visitation, to ensure the child’s well-being.

Call (800) 655-4766 or contact us online to schedule a consultation and discuss your child custody concerns.