When children are involved in a divorce, the manner in which child sharing occurs depends on a number of factors.  In most cases, the biggest factors are the relationship between the parents and the relationship between the parents and the children.  Ideally, a child sharing arrangement is agreed to between the parties and is followed by both parties in an effort to do what is best for the child. Of course, this requires both parents to put their own interests to the side and work together to come up with a custody arrangement that is in the best interests of the children.  In almost every situation, it is better to attempt to negotiate a custody agreement outside of court.  Once the courts are involved, all control for how and when custody is exercised is in the control of the judge.  Unfortunately, degraded family relationships, personal developments and legal gamesmanship often affect the parties’ willingness to agree to a child sharing arrangement outside of court. 

When the parties are unable to agree, a custody hearing is necessary.  Prior to a court hearing, California law requires all parties seeking custody orders from the court to attend mediation.  The state provides a free mediation session through an entity called Family Court Services.  If the parties cannot agree on a custody schedule at mediation, the judge will impose a custody arrangement at the hearing.  At that hearing, a judge will award either sole or joint custody depending on what the judge believes to be in the best interests of the children. 

Custody is divided into two parts in the court system, physical custody and legal custody.  Physical custody addresses the time share the parents exercise with the children.  Legal custody addresses the parents’ decision making powers over what is in the best interests of the child.  Examples of legal custody would be decisions regarding which religion the children will practice, what type of health care the children will receive and which schools the children will attend. 

The presumption in California is that joint physical and legal custody is in the best interests of children.  Joint physical custody does not necessarily mean that both parents share the children fifty percent of the time.  Rather, joint physical custody means that both parents share a substantial amount of custody time with the children.  Joint legal custody means that both parents share in the ability to make decisions regarding the children’s religion, schooling, healthcare etc. 

As society has evolved into a less gender-biased culture, the California court system has moved away from generally awarding sole custody to the mother. A wide body of research shows that active involvement of both parents is best for children.  In recognition of this, family courts have broadened the father's role in custody awards over the past several decades. Most custody orders now award joint physical and legal custody to parents.