Child Custody – Procedures – California Family Code Sections

Child Custody Arrangements by Agreement or Court Order

When it comes to child custody in California, the parents are encouraged by the court to come to an agreement between themselves. However, when the parents are unable to reach a mutual agreement, the court can bind them to one of many types of custody orders.

The courts do have the authority to order an evaluation pursuant to Evidence Code Section 730 prior to making a custody order. When the court makes such an order, an experienced mental health professional assesses the family, its members, and their underlying relationships for the purpose of making recommendations to the court regarding custody arrangements that are in the best interest of the child.

In addition to the evaluation, the court will likely compel both parents to participate in mediation to work out the custody and visitation schedule before attending court. In these sessions, both parents meet with a trained court mediator to work together in an effort to reach an agreement. Most of the time the contested issued of a custody dispute can be resolved through mediation, and any agreement can then presented to the courts to be made a binding order.

Child custody orders may be issued at any time after the filing of an underlying matter with the court. In the instance of married couples, child custody orders can be made after filing for any of the following:
Divorce
Legal Separation
Annulment
Domestic Violence Restraining Order
Petition for custody and support of minor children

For unmarried couples, child custody order can be made after filing any of the following:
Domestic Violence Restraining Order
Paternity Cases
Petition for custody and support of minor children

How Courts Figure out the Amount of the Child Support Payments
Once child custody has been established, the next thing the courts must figure out is child support. If the parents cannot agree on an amount, the courts will decide based on a set of guideline calculations. It is extremely rare for parents to reach an agreement on child support without the courts stepping in. When calculating child support, the courts will base their decision on the following. Click here for a more detailed look at Child Support in California:
The earning capacity of the parents
The income of the individual parent
The number of children from the relationship
The amount of time each parent spends with their children
The tax filing status of each parent
Support the parent receives from other sources
Health insurance expenses
Daycare costs

Child support calculations can also include the cost of certain special needs such as the child’s travel costs for visitation purposes and the child’s educational expenses.