Muse frontman Matt Bellamy recently made headlines when he filed for divorce from his wife, Elle Evans. According to TMZ’s report on the divorce filing, Bellamy is asking for sole legal and physical custody of the couple’s two young children, while Evans has indicated that she intends to fight the custody request. This celebrity divorce raises a question many California parents have: Is it easy to get full custody in California?
Generally, obtaining sole legal and physical custody when the other parent is seeking custody is not necessarily easy. California courts focus on the best interests of the child, and it is not typical for one parent to have sole legal custody or to have significantly more parenting time.
What Does “Full Custody” Mean in California?
“Full custody” is a term parents commonly use, but California law actually distinguishes between legal custody and physical custody. The California Courts’ guide to legal and physical custody in California explains the difference.
Legal custody refers to who makes important decisions about a child’s life. These decisions can include:
- Education and childcare
- Medical and dental care
- Mental health treatment
- Religious activities
- Other important issues affecting the child’s welfare
Legal custody can be joint, meaning both parents share decision-making responsibilities, or sole, meaning one parent has that authority.
Physical custody deals with where the child lives. It can also be joint or sole. Importantly, sole physical custody does not necessarily mean the other parent has no contact with the child. The court can still order parenting time or visitation.
Is It Easy to Get Sole Legal Custody?
A parent seeking sole legal custody should be prepared to explain why having one parent make major decisions is in the child’s best interests.
For example, a court may consider whether there are serious concerns about a parent’s ability to make appropriate decisions for the child or circumstances that make shared decision-making unsafe or inappropriate.
Parents should not assume that disagreements over parenting styles will automatically justify sole legal custody. The question is not simply which parent believes he or she would make better decisions. The focus remains on the child.
Is It Easy to Get Sole Physical Custody?
Sole physical custody can also be difficult to obtain when both parents want significant parenting time and can safely care for the child.
California law makes the child’s health, safety, and welfare the court’s primary concern. At the same time, California’s public policy on child custody favors frequent and continuing contact with both parents after separation when that contact is consistent with the child’s best interests.
This does not mean every California case will result in a 50/50 schedule. Rather, the court determines what parenting arrangement is in the child’s best interests. When both parents want substantial parenting time and there is no child-related reason to significantly limit either parent’s time, obtaining sole physical custody may be difficult.
What Does a California Judge Consider?
Under California’s best-interest factors, a judge can consider a variety of circumstances when deciding custody.
Important considerations may include:
- The child’s health, safety, and welfare
- A history of abuse
- The nature and amount of the child’s contact with each parent
- Habitual or continual illegal drug use or alcohol abuse
- Other factors relevant to the child’s best interests
The court may also consider which parent is more likely to allow the child frequent and continuing contact with the other parent, when appropriate.
When Is Full Custody More Likely?
There is no single fact that guarantees sole custody. However, serious concerns about a child’s safety and welfare can have a significant impact on a custody decision.
Issues that may become particularly important include domestic violence, child abuse or neglect, serious substance abuse, or other circumstances that could put the child at risk.
Domestic violence is particularly significant under California law. Under California Family Code Section 3044, when a court finds that a parent seeking custody perpetrated domestic violence within the previous five years, a rebuttable presumption applies that awarding that parent sole or joint legal or physical custody is detrimental to the child’s best interests.
Does Sole Custody Mean No Visitation?
Not necessarily. This is an important distinction for parents asking about “full custody.”
A parent could receive sole physical custody while the other parent still has regular parenting time. Depending on the circumstances, visitation may be scheduled, supervised, or subject to conditions designed to protect the child.
In more serious cases, a court may determine that visitation should not occur, but sole custody itself does not automatically terminate the other parent’s ability to see the child.
Asking for Full Custody Doesn’t Mean You’ll Get It
The Bellamy-Evans divorce is a good example of the difference between requesting sole custody and actually receiving it. Bellamy’s reported request for sole legal and physical custody tells us what he is asking the court to order—not what the court will ultimately decide.
If the parents cannot agree, the court will need to determine an arrangement consistent with California law and the children’s best interests.
Talk to a California Child Custody Attorney
If you are seeking sole custody or the other parent is asking for full custody of your child, understanding what evidence the court will consider can be critical.
The Law Office of David Knecht represents parents in divorce and child custody matters throughout Vacaville, Fairfield, Solano County, and surrounding areas. Call (707) 451-4502 to discuss your custody situation and the legal options that may be available.
