Children, Custody & Support in California

California distinguishes between legal custody (decision-making authority for health, education, welfare) and physical custody (where the child lives). Each can be joint (shared) or sole (one parent). **Joint legal custody** is the default presumption in California — both parents share major decisions. Courts prefer joint legal custody unless there's a history of domestic violence, substance abuse, or inability to co-parent. **Physical custody** determines the child's primary residence and parenting time schedule. Joint physical custody doesn't require exactly 50/50 time — it means both parents have significant periods of physical custody. Sole physical custody means the child lives primarily with one parent; the other parent typically has visitation. California courts make custody decisions based on the "best interest of the child" — a multi-factor analysis considering the child's health, safety, welfare, history of abuse, the nature and amount of contact with each parent, and substance abuse history.

California uses a complex guideline formula that produces a presumptively correct support amount. The California Guideline Calculator considers: - Both parents' gross and net disposable income - Percentage of time each parent has the child (timeshare) - Tax filing status and deductions - Mandatory payroll deductions (union dues, health insurance, retirement contributions) - Support obligations for other children The formula is: CS = K[HN - (H%)(TN)] where K = timeshare factor, HN = higher earner's net, H% = higher earner's timeshare, TN = total net of both parents. In practice, most people use the DissoMaster or X-Spouse software programs to calculate support. Courts rarely deviate from guideline support — the amount is presumptively correct and can only be rebutted by specific evidence.

Before the court will hear contested custody issues, both parents must attend a mediation session with a court-connected mediator (Family Code § 3170). This mediation is free of charge. California has two types of court mediation: - **Recommending counties:** The mediator makes a recommendation to the court if parents don't agree. This recommendation carries significant weight. - **Non-recommending counties:** The mediator facilitates discussion but does not make recommendations if no agreement is reached. If mediation fails, the court may order a child custody evaluation (§ 3111 evaluation) — a comprehensive assessment by a mental health professional that includes interviews, home visits, and psychological testing. Private evaluations cost $5,000-$25,000.