California Divorce With Children (2026) — Custody, Support, and What to Expect

Divorcing when you have minor children in California adds important layers to the process — but it's still very manageable without a lawyer if you and your spouse are in full agreement on custody, parenting time, and child support.

This page covers everything specific to a California divorce involving minor children.

Disclaimer: This is general legal information, not legal advice. If you and your spouse disagree on any child-related issue, consulting a licensed California family law attorney is strongly recommended.

Key Terms in California Custody Law

California uses standard custody terminology (unlike Texas, which has its own unique terms):

Legal custody — The right to make major decisions about your child's life: education, healthcare, religious upbringing, extracurricular activities.

Physical custody — Where the child lives.

Joint legal custody — Both parents share decision-making rights. This is the default presumption in California.

Sole legal custody — One parent makes major decisions. Awarded when the other parent has a history of abuse, substance issues, or significant absence.

Joint physical custody — Child spends significant time with both parents.

Primary physical custody — Child lives primarily with one parent; the other has visitation.

Visitation (Parenting Time) — The schedule for the non-primary parent. California uses both terms.

California's Presumption: Joint Custody

California courts strongly prefer joint legal custody. In most agreed divorces, both parents share legal custody. Physical custody arrangements vary based on work schedules, distance, and the child's needs.

Courts will not approve an arrangement that isn't in the best interest of the child — this is the governing standard for all custody decisions in California.

Required Additional Form: FL-105

Any California divorce involving minor children requires Form FL-105 — the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This form:

  • Identifies all minor children
  • Lists where each child has lived for the past 5 years
  • Identifies any existing custody orders
  • Confirms California is the correct state to make custody decisions

File FL-105 at the same time as your FL-100 petition.

Parenting Plan Requirements

California requires a written Parenting Plan (also called a custody and visitation agreement) as part of your final Judgment. It must specify:

  • Which parent has legal custody (joint or sole)
  • Physical custody arrangement
  • The regular parenting time schedule — including weekdays, weekends, and school breaks
  • Holiday schedule (Thanksgiving, Christmas/winter break, spring break, summer, Mother's Day, Father's Day, birthdays, etc.)
  • How exchanges will happen (where, when, who drives)
  • How parents will communicate about the child
  • Decision-making procedures when parents disagree (for joint legal custody)
  • Travel and relocation provisions

The more specific your parenting plan, the less room for future disputes. Vague plans lead to conflict — detailed ones prevent it.

Child Support in California

California uses a statewide guideline formula that considers both parents' incomes and the percentage of time each parent spends with the child. This is more complex than Texas's percentage-of-income formula.

The Basic Formula

The California guideline uses:

  • Both parents' net disposable monthly incomes
  • The percentage of time the higher-earning parent spends with the child
  • Certain add-ons (childcare costs, health insurance, special needs)

Example:

  • Parent A earns $5,000/month net, has child 30% of the time
  • Parent B earns $3,000/month net, has child 70% of the time
  • The formula calculates a support amount based on the income difference and time difference

Use the official calculator: The California Department of Child Support Services provides a free calculator at cse.ca.gov/ChildSupport/cse/guidelineCalculator — use this to estimate the correct guideline amount before agreeing to any number.

Can We Agree to a Different Amount?

Courts will generally approve child support above the guideline amount. Courts are very reluctant to approve amounts significantly below the guideline — child support is considered a right of the child.

Add-Ons to Base Support

In addition to base support, California courts commonly order:

  • Childcare costs — work or education-related childcare, split proportionally
  • Health insurance — whoever has access to reasonable employer coverage carries it
  • Uninsured medical costs — typically split 50/50 or proportionally to income
  • Educational or special needs expenses — case by case

Mediation Requirement

Important California-specific rule: If you and your spouse cannot agree on custody and visitation, California courts require mediation before a judge will hear a contested custody case. Most counties have a Family Court Services mediator available at the courthouse.

Even in agreed divorces, some counties require a brief meeting with a mediator to confirm the agreement. Check with your county's court.

Forms for Divorce With Children

In addition to standard divorce forms, you need:

  • FL-105 — UCCJEA Declaration (filed with petition)
  • FL-311 — Child Custody and Visitation Application (if requesting temporary orders)
  • FL-341 — Children's Holiday Schedule Attachment
  • FL-342 — Child Support Information and Order Attachment
  • FL-343 — Spousal or Partner Support Order Attachment (if applicable)
  • FL-192 — Notice of Rights and Responsibilities — Health-Care Costs and Reimbursement Procedures
  • FL-150 — Income and Expense Declaration (extra important when children involved — used for support calculation)

Your final Judgment package (FL-180) will reference these attachments.

Step-by-Step: Agreed California Divorce With Children

Step 1

Confirm residency. Download all required forms including FL-105.

Step 2

Discuss and agree with your spouse on: legal custody, physical custody schedule, holiday schedule, child support amount (use the online calculator), health insurance, and childcare cost sharing.

Step 3

Fill out FL-100, FL-110, FL-105. File at Superior Court. Pay filing fee.

Step 4

Serve your spouse or have them sign FL-130. File proof of service.

Step 5

Both spouses exchange financial disclosures (FL-150, FL-142) within 60 days. File FL-141.

Step 6

Draft your custody and support agreement. Use FL-341 for holiday schedule, FL-342 for support terms.

Step 7

Wait out the 6-month and 1-day waiting period.

Step 8

Complete FL-180 Judgment with all attachments. Submit to court. Receive signed Judgment.

Step 9

File Judgment. Get certified copies. Send income withholding order (earnings assignment) to paying parent's employer.

When You Really Need an Attorney

  • You and your spouse disagree on where the children will primarily live
  • There is a history of domestic violence, substance abuse, or child abuse
  • One parent wants to relocate with the children
  • A child has special needs requiring complex support arrangements
  • Your spouse has hired an attorney

FAQ

Does California favor mothers over fathers in custody? No. California law explicitly prohibits preference based on gender. Courts focus on the best interest of the child.

Can our child decide which parent to live with? California courts consider the preferences of children who are "of sufficient age and capacity to reason." There is no specific age cutoff — judges use discretion. A teenager's preference carries significant weight; a young child's carries less.

What if we agree to 50/50 custody? 50/50 physical custody is very common in California agreed divorces. It affects the child support calculation — the closer to equal time, the lower the support obligation generally is.

What if my spouse moves to another state? Interstate custody situations are governed by the UCCJEA. California courts generally retain jurisdiction if the child has lived in California for the last 6 months. This gets complicated quickly — consider an attorney consultation.

Is a parenting plan required even if we agree on everything? Yes. California requires a written parenting plan as part of the final Judgment whenever children are involved.

Last reviewed: March 2026 | Always verify current form requirements at selfhelp.courts.ca.gov.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.