Question 1

What is “full custody” in California?

Accepted Answer

In California, full custody typically refers to sole legal and sole physical custody. Sole legal custody gives one parent exclusive authority to make major decisions about the child’s upbringing (such as education, healthcare, and religious instruction), while sole physical custody means the child primarily lives with that parent.

Question 2

Why is full custody difficult to obtain in California?

Accepted Answer

California courts generally prefer joint custody arrangements when possible, meaning they want both parents involved in raising the child. To obtain full custody, you usually must show that joint custody is not in the child’s best interests and that sole custody is necessary for the child’s safety and well-being.

Question 3

What grounds can support a request for full custody in California?

Accepted Answer

Common grounds include abuse or neglect, substance abuse or unmanaged mental health issues that put the child at risk, a history of domestic violence, unstable living conditions, parental abduction or interference with court-ordered visitation, and (in some cases) the child’s wishes.

Question 4

Does the court consider the child’s wishes in California custody cases?

Accepted Answer

Yes. Courts may consider a child’s preferences if the child is mature enough to express a clear and reasoned opinion. While there is no strict rule, courts often begin weighing the child’s preference around age 12 or older.

Question 5

What is the legal process for seeking full custody in California?

Accepted Answer

The process generally includes filing a custody petition, serving the other parent, gathering evidence to support your request, attempting negotiation or mediation when appropriate, and proceeding to a court hearing or trial if the parents cannot agree.

Question 6

What evidence can help support a full custody request?

Accepted Answer

Helpful evidence can include police reports, medical records, witness statements, documentation showing unsafe conditions or instability in the other parent’s home, and records demonstrating the child’s needs and your ability to provide a stable environment.

Question 7

Can mediation help resolve custody disputes?

Accepted Answer

Sometimes. Parents may reach custody agreements through mediation without a contested court hearing. If mediation does not result in an agreement, a judge will decide custody based on the evidence and the child’s best interests.

Question 8

How can a family law attorney help with a full custody case?

Accepted Answer

A family law attorney can help you understand your legal rights, gather and present evidence, negotiate strategically, and advocate for you in court. This support can be especially important in emotionally difficult and high-stakes custody disputes.

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