Child Custody & Visitation
Custody disputes are among the most emotionally charged matters in family law. We represent parents across Sacramento, Placer, El Dorado, and Amador Counties from our Folsom office.
What you should know
California courts decide custody under one guiding standard: the best interests of the child. Our role is to protect your parental rights while presenting your position clearly within that framework.
Every custody order has two components — legal custody (who makes decisions about education, health, and welfare) and physical custody (where the child lives day to day). Each can be sole or joint, and the court can grant joint legal custody without granting joint physical custody.
Components of a custody order
Different types of custody address different aspects of a child’s life.
Legal Custody
Decision-making authority — education, medical care, religion, and other major welfare decisions. Often joint even when physical custody is not.
Physical Custody
Where the child lives and who provides daily care. “Sole” means primary residence with one parent; “joint” means significant time with both.
Parenting Plans & Visitation
A detailed schedule outlining school days, weekends, holidays, vacations, and exchanges. The plan should be specific enough to prevent future disputes.
Custody Modifications
When circumstances change — relocation, work schedules, a child’s needs — existing orders can be modified through a Request for Order.
Mediation (FCS)
Family Court Services mediation is required before a contested custody hearing. In recommending counties (CCRC) the mediator may issue a written report to the court; in non-recommending counties such as Placer, the session is confidential and no recommendation is made.
Parenting Orientation
Sacramento, Placer, and El Dorado all require some form of parenting orientation video or class once a custody case is filed.
From filing through hearing
We help you identify the right starting point — whether that’s an initial custody filing, a modification of an existing order, or an emergency request for protective custody. The path through custody court can feel confusing and exhausting, but you don’t have to walk it alone.
We prioritize peaceful resolutions that keep you in control. When a tougher stance is needed, we’re ready to stand up for you — ensuring your voice is heard and your child’s well-being is presented clearly to the court.
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Across the region
Scharf Law, P.C. is based in Folsom and serves families throughout the greater Sacramento region.
Common questions about child custody
What is the difference between legal and physical custody?
Legal custody is the right to make major decisions about a child’s health, education, and welfare; physical custody is where the child lives. Each can be joint or sole. California courts commonly order joint legal custody, and a parenting plan then sets the physical schedule, holidays, exchanges, and how decisions are made.
How do California courts decide custody?
By the best interests of the child. Family Code Sections 3011 and 3020 direct the court to consider the child’s health, safety, and welfare, any history of abuse or substance abuse, and the amount and nature of contact with each parent, with a stated policy of frequent and continuing contact with both parents when that is safe.
At what age can a child choose which parent to live with?
There is no age at which a child decides. Under Family Code Section 3042, a child who is 14 or older must be allowed to address the court about custody unless the judge finds it is not in the child’s best interest, and younger children may be heard if appropriate. The child’s preference is one factor, not a controlling one.
Do we have to attend mediation before a custody hearing?
Yes. Family Code Section 3170 requires parents who disagree about custody or visitation to attend mediation through the court’s Family Court Services before the judge hears the dispute. In Sacramento and some neighboring counties the process is “child custody recommending counseling,” where the counselor sends a written recommendation to the judge if the parents do not agree.
Can a custody order be changed later?
Yes. A final custody order can be modified when a parent shows a significant change of circumstances since the last order and that the change serves the child’s best interests. Parenting-time schedules can be adjusted on a lower showing. A parent who wants to relocate with the child should seek an order or the other parent’s written consent before moving.
How does domestic violence affect custody?
Under Family Code Section 3044, a parent found to have committed domestic violence against the other parent or the child within the past five years is presumed not to be entitled to sole or joint custody. The presumption can be rebutted, but the parent must show the court specific facts, such as completing a batterer intervention program and complying with orders.
General information about California law, reviewed by attorney Taryn M. Scharf (CA State Bar #244097), Scharf Law, P.C., Folsom, CA. It is not legal advice for any specific situation. Ask about your case or call (916) 782-3900.
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Schedule a confidential consultation to walk through your specific situation and the options available.
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Scharf Law, P.C. — 2330 E Bidwell St, Suite 110, Folsom, CA 95630-3897
— (916) 782-3900
Taryn M. Scharf, Esq. — CA State Bar #244097
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