When parents separate or divorce, one of the most important questions is where their child will live and who will have the authority to make major decisions about the child's life.
Many parents describe their goal as getting “full custody.” In California, however, the legal terms are sole legal custody and sole physical custody. Sole legal custody gives one parent the exclusive right to make decisions about the child's health, education, and welfare. Sole physical custody means the child primarily lives with and is under the supervision of one parent. California courts do not award custody based on which parent wants it more. The court's primary consideration is the best interests of the child, with particular attention to the child's health, safety, and welfare.
Wade Litigation's Los Angeles child custody lawyers can help you understand your custody options, prepare your case, and navigate the court process.
What Does “Full Custody” Mean in California?
“Full custody” is commonly used to describe a situation in which one parent has both sole legal custody and sole physical custody.
California law distinguishes between the two:
- Sole legal custody means one parent has the exclusive right and responsibility to make decisions about the child's health, education, and welfare.
- Sole physical custody means the child lives with and is under the supervision of one parent, subject to any visitation or parenting time ordered for the other parent.
- Joint legal custody means both parents share decision-making authority.
- Joint physical custody means both parents have significant periods of physical custody, although it does not necessarily mean a 50/50 schedule.
A parent can therefore have sole physical custody without having sole legal custody, or vice versa.
It is also important to understand that sole custody does not necessarily mean the other parent has no contact with the child. A court can award sole physical custody to one parent while still ordering visitation or parenting time for the other parent when that arrangement is consistent with the child's best interests.
California law does not establish a presumption for or against sole custody or joint custody. Instead, courts have broad discretion to select the parenting arrangement that serves the child's best interests.
What Los Angeles Judges Look at First: The Best Interest Standard
Every custody decision in California, including in Los Angeles Superior Court, is guided by the best interest of the child standard set out in Family Code section 3011. Judges weigh several factors together rather than relying on any single one. These include the health, safety, and welfare of the child, any history of abuse by either parent, the nature and quality of the child’s relationship with each parent, each parent’s ability to co-parent and support the child’s relationship with the other parent, and any history of drug or alcohol abuse by either party.
A judge will also consider the child’s own wishes once the child is old enough to form an intelligent preference, though the final decision always rests with the court. No single factor guarantees an outcome, but a consistent pattern of concerns in one household tends to carry significant weight.
When Is Sole Custody More Likely?
There is no single list of circumstances that automatically results in sole custody. The court evaluates the facts of each case.
However, evidence that raises serious concerns about a parent's ability to safely care for a child can become particularly important. Examples may include:
- Documented child abuse or neglect
- Domestic violence
- Serious and ongoing substance abuse that affects parenting
- A pattern of exposing the child to unsafe conditions
- Abandonment or prolonged absence in circumstances relevant to the child's welfare
- Serious concerns about a parent's ability to meet the child's basic needs
- Other conduct showing that shared custody would not serve the child's best interests
The key issue is not whether a parent has made mistakes. The question is whether the evidence supports a custody arrangement that protects the child's health, safety, welfare, and stability.
Does California Favor Mothers or Fathers in Custody Cases?
No.
California law does not allow a court to base custody decisions on a parent's sex, gender identity, gender expression, or sexual orientation. The custody decision must be based on the child's best interests.
Therefore, fathers and mothers are evaluated under the same legal standards when seeking sole or joint custody.
A father seeking sole custody must demonstrate why the requested arrangement serves the child's best interests, just as a mother would in the same circumstances.
Step-by-Step: How to Request Full Custody in Los Angeles
The procedure depends on whether you already have an open family-law case.
1. Determine What Type of Case You Have
If you already have a divorce, legal separation, parentage, or other family-law case involving your child, custody may be addressed within that existing case.
If there is no appropriate existing case, the correct filing depends on the parents' legal relationship and circumstances.
For example, California Courts provides Form FL-260, Petition for Custody and Support of Minor Children, for certain parents seeking custody and support orders outside a divorce or domestic-partnership dissolution. If an existing case is already open, a parent may instead need to request custody orders through a Request for Order (RFO) or another appropriate filing. Because the correct paperwork depends on the circumstances, it is important to determine which case and forms apply before filing.
2. Identify the Custody Orders You Are Asking For
A request for “full custody” should be specific.
You may need to request:
- Sole legal custody
- Sole physical custody
- A specific parenting-time schedule
- Supervised visitation, if appropriate
- Restrictions or conditions on parenting time when legally justified
- Orders addressing transportation and exchanges
- Other provisions necessary to protect the child's stability and welfare
A detailed proposed parenting plan can make it easier for the court to understand exactly what you are requesting and why.
3. Complete the Required Court Forms
The forms depend on the type of case.
For a custody-and-support case, California Courts identifies forms including:
- Petition for Custody and Support of Minor Children (FL-260)
- Summons (FL-210)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120)
Additional forms can be used to provide more detail about the parenting schedule and requested custody arrangements.
If you are requesting temporary custody orders while the case is pending, additional paperwork may be required.
4. File the Case With the Court
After completing the required documents, you file them with the appropriate family-law court.
California Courts currently states that the filing fee for a custody-and-support petition is generally $435 to $450, although additional fees can apply depending on what you are asking the court to do. Parents who cannot afford the filing fees may request a fee waiver.
The appropriate courthouse depends on the case and applicable jurisdictional rules.
5. Serve the Other Parent
After filing, the other parent generally must receive the required court documents through proper service.
Serving court papers is a formal legal process. The person filing the case generally cannot simply hand the papers to the other parent themselves if the law requires service by another adult.
California Courts explains that the other parent must receive copies of the filed documents so they have notice of the case and an opportunity to respond.
6. Complete Los Angeles Child Custody Mediation Requirements
In Los Angeles County, parents involved in contested custody and visitation matters generally participate in Family Court Services mediation.
Los Angeles Superior Court states that parents must complete the Our Children First online parent orientation program before mediation. Family Court Services provides mediation at no cost.
Mediation gives parents an opportunity to discuss parenting arrangements with a neutral professional and attempt to reach an agreement.
If you cannot reach an agreement, the case can proceed to court.
7. Prepare for the Custody Hearing
If the parents cannot resolve the dispute, the judge may hold a hearing to determine the appropriate custody and parenting-time arrangement.
Your preparation may include:
- Organizing relevant documents
- Preparing a proposed parenting plan
- Identifying witnesses with firsthand knowledge
- Organizing communications and records
- Preparing evidence relating to the child's health, safety, education, or stability
- Being prepared to explain why the requested custody arrangement serves the child's best interests
In complex cases, the court may also consider whether a child custody evaluation or other professional assessment is appropriate.
8. Follow the Court's Custody Order
Once the judge issues a custody order, both parents are expected to follow it. Do not assume that you can change the parenting schedule unilaterally simply because you believe the existing arrangement is not working. If circumstances change substantially, the appropriate approach may be to seek a modification through the court.
What Evidence Can Help Support a Sole Custody Request?
A custody case is generally stronger when claims are supported by reliable, admissible evidence.
Depending on the circumstances, useful documentation can include:
- School attendance and academic records
- Medical or treatment records
- Police reports
- Protective or restraining orders
- Relevant text messages, emails, or other communications
- Parenting-time records
- Documentation of missed visits or repeated schedule violations
- Photographs or videos when legally obtained and relevant
- Witness testimony
- Evidence of substance abuse or unsafe conduct
- Evidence showing your involvement in the child's daily care
Keep records organized and factual.
A parenting journal can be useful for documenting dates, events, missed exchanges, communications, and other custody-related incidents. Avoid turning it into a running list of personal attacks against the other parent. The strongest evidence is usually evidence that clearly connects the parent's conduct to an issue affecting the child's best interests.
What Parents Should Avoid During a Custody Case
How you behave while a custody case is pending can matter.
Parents should generally avoid:
- Making threats against the other parent
- Using the child as a messenger
- Telling the child that the other parent is bad or dangerous without appropriate reason
- Posting inflammatory accusations about the other parent on social media
- Interfering with court-ordered parenting time
- Making major decisions unilaterally when joint decision-making authority applies
- Coaching the child about what to tell the judge, mediator, or evaluator
- Violating existing custody or restraining orders
California law specifically allows courts to consider which parent is more likely to facilitate frequent and continuing contact between the child and the other parent when making certain custody determinations. That means a parent seeking sole custody should not assume that restricting the other parent's relationship with the child will strengthen the case. If there is a genuine safety concern, however, it should be addressed through appropriate legal channels and supported with evidence.
Frequently Asked Questions About Full Custody in Los Angeles
How hard is it to get full custody in Los Angeles?
There is no automatic presumption against sole custody in California. The court must determine what custody arrangement serves the child's best interests. Strong evidence of safety concerns, domestic violence, abuse, neglect, serious substance abuse, or other circumstances affecting the child's welfare can be particularly important, but every case is fact-specific.
What is full custody called in California?
“Full custody” is not the formal legal term. Parents commonly use it to describe a situation in which one parent has sole legal custody and sole physical custody.
Does sole custody mean the other parent gets no visitation?
Not necessarily. A parent with sole physical custody may still have court-ordered parenting time or visitation with the other parent. The court determines what arrangement serves the child's best interests.
Do fathers have the same custody rights as mothers in California?
Yes. California law prohibits courts from considering a parent's sex, gender identity, gender expression, or sexual orientation when determining the child's best interests. Custody decisions are based on the child's best interests and the facts of the case.
How much does it cost to file for custody in California?
California Courts currently lists a filing fee of approximately $435 to $450 for a petition for custody and support. Additional fees may apply for certain requests, and eligible parents can request a fee waiver.
Is mediation required for child custody in Los Angeles?
Los Angeles Superior Court requires parents in applicable contested custody matters to participate in Family Court Services mediation before a contested custody hearing. Parents must also complete the Our Children First orientation program before mediation.
Can I get sole custody because the other parent uses drugs?
Potentially, but drug use alone does not automatically result in sole custody. The court considers the circumstances and whether the parent's substance use affects the child's health, safety, or welfare. Relevant evidence and the specific facts of the case matter.
Can I get full custody if the other parent is abusive?
Domestic violence can have a significant effect on custody. When the court makes the required finding that a parent seeking custody perpetrated domestic violence within the previous five years, California Family Code Section 3044 creates a rebuttable presumption that awarding that parent custody is detrimental to the child's best interests.
Can a child decide which parent gets custody?
No. A child's preference can be considered when the child is of sufficient age and capacity to form an intelligent preference, but the court makes the final custody decision based on the child's best interests.
Contact Our Team at Wade Litigation for More Information
Full custody cases move quickly once they are filed, and the evidence you gather in the first few weeks often shapes the entire case. If you are considering a full custody request, an experienced Los Angeles family law attorney can help you understand whether your circumstances support that request and guide you through mediation and any hearing.
Contact Wade Litigation to discuss your custody options with a member of our Los Angeles family law team.