How Do I Get Full Custody In California Of My Children?

What Is Full Custody and How to Obtain It in California

You are divorcing in California and are concerned about your kids. You are asking, "How do I get full custody of my child in California?" and you want answers. We are here to help.

First, make sure you know what "full custody in California" really means.

Full custody is the term parents sometimes use when referring to the legal term of sole custody. Sole custody comes in two forms - Sole legal custody and sole physical custody.

There is a significant difference between the two and in this article we will discuss how parents can and should obtain it.

Our family law firm has offices in Los Angeles, Orange County and San Diego. We are available for an affordable strategy session to discuss your situation and provide legal advice.

A parent requesting full custody in California must have persuasive evidence

The court needs a compelling reason consistent with the children's best interest to order full custody to one parent.

We wrote a comprehensive guide on California child custody laws which discuss California's public policy of favoring frequent and regular contact with both parents and generally favoring joint custody.

A parent opposing a full custody request must not take the request lightly

Similarly, a parent who is facing a full custody order against him or her must be aware that he or she cannot just walk in the court and assume everything will work out.

Although a request for full custody is not something that a court should ever take lightly, a defending parent must be vigilant in his opposition and be prepared to set forth to the court why the requesting parent does not meet his or her burden of proof that is required by California law.

In addition, a parent opposing a request for full custody should consider whether he or she should make a counter request for full custody if the request for custody by the other parent is made in bad faith.

This includes but is not limited to situations where the other parent has engaged in misconduct such as false allegations of abuse, parental alienation, improper influencing of the children or interference with joint custody rights and is using any of that as a basis for the modification.