In the past, one parent often took primary custody of children after a couple split. In recent years, more parents have begun sharing custody. The trend of increased joint custody in California has been driven at least in part by changing perceptions of the roles of men, women, and childcare.

California law emphasizes that a parent’s gender should not influence a court’s decision about child custody. As a result, joint custody is increasingly common. If parents want joint custody, their schedules allow for it, and both parents have the resources to share custody, courts will typically award it.

With gender norms fading, courts are shifting the burdens and joys of parenting to fall more equally on mothers and fathers jointly. The Stratte Firm helps parents figure out how to move forward as custody and living arrangements change. Reach out to learn more.

What Is Joint Custody in California?

In short, joint custody in California is a legal arrangement in which parents or other caregivers share decision-making authority and parenting time. California law defines “joint custody” as joint physical and legal custody. California Family Code (“FAM”) § 3002. Yet, in casual terms, people sometimes confuse the legal and physical aspects of custody.

So, what are physical and legal custody? And how do judges resolve custody disputes?

Custody Dimensions

Legal custody is the more technical aspect of custody. Described by some states as decision-making authority, legal custody means a caregiver has the right to make decisions for the child about their:

  • Education,
  • Healthcare, and
  • Religious or moral upbringing.

A parent has legal custody by default, and, even when a parent lacks physical custody, they typically retain legal custody.

Some states refer to physical custody as parenting time—the time a parent spends with the child in their physical care. The child lives with a parent with physical custody at least some of the time.

Best Interests of the Child Standard

To establish a custody arrangement, California FAM § 3011 requires courts to consider the best interests of the child. To do so, judges consider factors like:

  • The child’s health, safety, and welfare;
  • Any history of abuse involving the child, a parent, a relative, or a household member;
  • The nature and frequency of contact between the parent requesting custody and the child; and
  • Whether either parent regularly abuses controlled substances or alcohol.

FAM § 3020 declares that it is not in the child’s best interests for a judge to factor a parent’s gender, gender identity, gender expression, or sexual orientation into a custody decision. Instead, the law states that a child maintaining a relationship with both parents is, absent contrary evidence, the best thing for the child. The chances of a father getting 50/50 custody in California should be approximately equal to the chances of a mother getting 50/50 custody in California.

What Is 50/50 Custody in California?

50/50 custody in California does not mean all joint custody is 50/50. Generally, 50/50 custody means that, throughout the year, caregivers split time with their children relatively evenly. They may accomplish relatively equal time with schedules that include:

  • Alternating weeks—the child lives with each parent for one week and alternates between them;
  • 2-2-3—the child lives with one parent for two days, the other parent for two days, then the first parent for three days, starting with the other parent the following week;
  • 2-2-5-5—the child stays with one parent for two days and the other for five, and rotates weeks;
  • 3-4-4-3—the child stays with each parent for three days, then four days, alternating by weeks; or
  • Bird’s nest—the child stays in the home, and the parents move back and forth.

The best arrangement depends on what works best for the parents and the child.

What Other Custody Arrangements Are Possible?

For some parents, a 50/50 custody arrangement might not be the best option. Other potential arrangements include, for example, the child spending:

  • 60% of their time with one parent and 40% with the other,
  • 70% of their time with one parent and 30% with the other, or
  • 80% of their time with one parent and 20% with the other.

The closer to 50/50 your arrangement is, the more likely you are to share joint custody.

How Common Is Joint Custody in California?

Finding clear, reliable statistics showing how common joint custody is in California can be challenging. Yet, joint custody is increasing. In a 2022 study, researchers found that joint custody rates rose from 13% before 1985 to 34% in 2014 at the national level.

How to File for 50/50 Custody in California

Filing for 50/50 custody in California, or requesting an alternative custody arrangement, depends on whether you and the other parent are married. Parents who are married file for custody as part of a divorce or legal separation case. For unmarried parents, you typically file paperwork that requests a judge resolve child custody and child support directly, rather than resolving those things as part of a divorce or legal separation case.

Your lawyer guides you through what paperwork you need to file and when. The process typically begins with putting together a written proposal for how you and the other parent will split time, including proposing a custody arrangement, parenting schedule, and parenting plan.

Depending on whether you and your co-parent agree on your proposed custody arrangement, you may:

  • Jointly propose your agreement to the court,
  • Attend mediation to work out issues that you get stuck on, or
  • Participate in a trial and offer evidence to explain why your custody proposal is in the child’s best interests.

Regardless of the path you take to get there, you need a judge to sign off on any custody arrangement to make it official. Similarly, if you later need to modify your custody agreement to make any changes official, you need to request a judge to modify your court order.

Seeking Joint Custody

Unlike the past, when courts often assumed a mother should receive custody over a father, California law requires gender neutrality. Whether parents get joint custody depends on what is best for the child, not the gender of the parent.

The Stratte Firm is here to help if you have any questions about joint custody or need help seeking joint custody through the California court system.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process: