California Custody, Parenting Time & Support
Current, source-linked California custody terminology and rules without imported out-of-state formulas.
California terminology
Legal custody
Who makes important decisions for the child (health care, education, welfare). It may be sole or joint.
Physical custody / parenting time
Who the child lives with most of the time and when they see each parent. It may be sole or joint.
Core rules
- Best interest of the child is the primary consideration — Fam. Code § 3011
- No preference based on a parent’s sex; no automatic presumption that joint custody is best
- State policy favors frequent and continuing contact with both parents when consistent with the child’s best interest — Fam. Code § 3020
- Legal custody (sole/joint) and physical custody (sole/joint) are decided separately
Support and modification cautions
California uses the statewide guideline formula CS = K[HN − (H%)(TN)]. Parenting time (H%) is an input to that calculation, not a standalone custody entitlement or automatic adjustment.
The official DCSS guideline calculator is currently decertified pending tax-law updates; use a certified calculator through the family law facilitator or the Judicial Council list.
Custody modification generally requires a significant change of circumstances since the last order plus a finding that the change is in the child’s best interest. Child support modification generally requires a change in circumstances since the last order, and agency review may be available when support would change by 20% or $50, whichever is less.
- Cal. Fam. Code § 3011 — best interest
- Cal. Fam. Code § 3020 — frequent and continuing contact
- Cal. Fam. Code § 4055 — child support guideline
- California Courts — child custody
- Find your court
Always confirm current local forms, fees, and filing procedure with the receiving court.