How do I get custody of my child?
Getting child custody during a divorce requires addressing two distinct types of custody: legal custody (who makes major decisions about the child) and physical custody (how much time the child spends with each parent).
How you obtain custody depends entirely on the specific facts of your situation, which are generally divided into three categories:
1. The Standard Process: Maintaining the Status Quo
If your case does not involve major safety concerns, the court operates under specific default settings. To secure a favorable schedule, you should focus on the following:
- Legal Custody: If there are no major issues like abuse or substance addiction, the default setting is that both parents should make decisions together through joint legal custody.
- Physical Custody: To determine the physical visitation schedule, the judge will heavily evaluate the status quo. Because continuity is highly important for children, the judge will look at who has primarily been taking care of the kids and what they are used to. This standard is completely gender-neutral; it is based strictly on who has been providing the day-to-day care.
If you need to establish this routine in court, consulting with a child custody attorney can ensure your history as the primary caregiver is accurately presented.
2. The Emergency Process: When Domestic Violence is Involved
If the other parent has committed domestic violence, the rules change entirely. To protect your children and alter custody in important ways, you can take immediate emergency action:
- You can file a domestic violence restraining order (DVRO). A temporary restraining order can be issued ex parte, meaning it is treated as an emergency and granted without giving prior notice to the other side.
- If granted, the abuser does not get custody or visitation, and they can be ordered to move out of the family home immediately. This allows the protective parent to become fully involved in making the decisions for the child.
If you are wondering how to get full custody in California due to safety concerns, a domestic violence restraining order attorney or an emergency custody lawyer Los Angeles can help you navigate the initial filing and prepare for the permanent restraining order hearing, which the judge must schedule within 21 days.
3. Handling Complex Evidentiary Issues (Substance Abuse or Mental Health)
If your child’s other parent struggles with substance abuse or mental health issues, these claims are much harder to prove to a judge. To protect your parental rights and secure custody in this scenario, you must officially ask the court for intervention by filing what is called a request for orders.
Because these allegations require strong legal evidence, working with a family law lawyer can significantly help you file the correct motions.
Summary of Next Steps
Child custody is one of the very first things you must resolve when a divorce begins, and it directly impacts other areas of your case, such as child support, which fluctuates based on your percentage of parenting time. If you are preparing to fight for your children, reaching out to a family law attorney is the best way to build a strategy that protects your relationship with your children.
