Child Custody
For families experiencing separation or divorce, few decisions are more emotionally charged than determining child custody. In today’s world—where parenting roles are more fluid, co-parenting is common, and family structures vary widely—child custody is rarely a simple matter. At Enright Family Law, we help modern families navigate child custody arrangements with compassion, strategy, and a strong focus on the child’s best interest.
Whether you’re separating from a spouse, ending a long-term domestic partnership, or establishing paternity and parenting rights, understanding how custody works in California is essential for protecting both your child’s well-being and your relationship with them.
What Is Child Custody?
In California, child custody refers to the rights and responsibilities of parents regarding the care, control, and decision-making for their children. Custody is broken into two main types:
- Legal Custody: The right to make decisions about the child’s education, health care, religion, and general welfare.
- Physical Custody: The right and responsibility to have the child live with you and care for them day-to-day.
Each type can be joint (shared by both parents) or sole (awarded to one parent), depending on the situation.
Legal Custody
Parents with joint legal custody both have the authority to make decisions regarding the child’s:
- Education (public vs. private school)
- Medical care and mental health treatment
- Religious upbringing
- Extracurricular activities
If only one parent is awarded sole legal custody, they are the only one legally allowed to make these decisions.
Physical Custody.
Physical custody determines where the child primarily lives. With joint physical custody, the child spends significant time with both parents, even if the exact split isn’t 50/50. With sole physical custody, the child resides primarily with one parent, and the other typically has scheduled visitation rights.
Joint physical custody arrangements are common in when both parents live close enough to make shared parenting time feasible and are committed to co-parenting.
Best Interest of the Child Standard
California courts always decide custody based on the best interest of the child. This includes evaluating several key factors:
- The child’s age, health, and emotional ties to each parent
- Each parent’s ability to care for the child
- History of family violence or substance abuse
- The child’s ties to school, community, and extended family
- Each parent’s willingness to foster a relationship with the other parent
- The child’s preference (especially if 14 or older, depending on maturity)
The court’s goal is not to favor one parent over another, but to ensure the child has a stable, safe, and supportive environment.
Custody for Modern Families
At Enright Family Law, we know that the modern family doesn’t look one way. We represent:
- Divorced or separating couples
- Never-married co-parents
- LGBTQ+ parents establishing custody or guardianship
- Parents in blended families
- Parents living across different cities or states
- Professionals with nontraditional work schedules or travel commitments
We understand the real-world complexities of parenting in today’s world and help our clients develop custom custody arrangements that reflect their child’s needs and their evolving family structure.
Parenting Plans and Custody Agreements
A parenting plan (also known as a custody agreement) is a written document that outlines how custody and visitation will be handled. It can include:
- Physical custody schedule (weekly, monthly, or holiday plans)
- Transportation responsibilities
- How parents will make major decisions
- Protocol for resolving disputes or making changes to the plan
If both parents agree, they can submit the plan to the court for approval. If parents cannot agree, the court will decide custody after a hearing or trial.
Our firm works closely with clients to negotiate, draft, and formalize parenting plans that reduce conflict and support the child’s routine.
Modifying Custody Orders
Custody is not set in stone. If circumstances change—such as a parent moving, a child’s needs evolving, or a parent violating court orders—either parent can request a modification. However, they must show that the change is significant and that the new arrangement serves the child’s best interest.
Examples of valid reasons for modification include:
- A parent’s relocation
- Change in the child’s school or health needs
- A parent’s inability to comply with the current schedule
- Safety concerns or a shift in the child’s relationship with one parent
We help parents gather evidence, file motions, and represent them in court when custody modifications become necessary.
Disputes and Mediation
Parents involved in a custody dispute are usually required to attend Child Custody Recommending Counseling (CCRC) through Family Court Services before a judge will hear the case. This process is intended to help parents reach an agreement without going to trial.
If mediation does not result in agreement, the case may proceed to court, where a judge will evaluate testimony, evidence, and any professional recommendations (such as child custody evaluations).
At Enright Family Law, we prepare our clients thoroughly—whether for mediation, court, or negotiated agreements—so they can advocate for their children with confidence.
Relocation and Custody
Relocation cases—also known as move-away cases—occur when one parent wants to move with the child, potentially impacting the other parent’s custody rights. These are highly sensitive cases, and courts carefully consider whether the move benefits or harms the child’s relationship with both parents.
We represent both relocating and objecting parents, crafting legal strategies that prioritize the child’s stability and long-term well-being.
Temporary Custody Orders
While a divorce or separation is pending, parents can request temporary custody orders. These provide structure during the legal process and can influence the final custody outcome. Temporary orders cover:
- Where the child lives
- Visitation schedules
- Temporary decision-making responsibilities
Our firm helps parents obtain protective and balanced temporary custody arrangements until permanent orders are issued.
How We Can Help
At Enright Family Law, we believe that custody decisions should reflect the real lives of modern families, not outdated expectations or one-size-fits-all solutions. We are committed to helping you create a plan that meets your child’s needs today and evolves as your family grows.
Our services include:
- Custody and parenting time planning
- Representation in custody negotiations, mediation, and court
- Modification and enforcement of custody orders
- Strategic support for relocation, blended families, and complex custody issues
If you’re facing a custody dispute or simply want to ensure your rights as a parent are protected, contact Enright Family Law today. We’ll help you build a secure, stable future for your child—rooted in love, clarity, and legal strength.