California
Is California a 50/50 custody state?
Quick answer
No. California law does not start a custody case at a 50/50 split or at any other split. The judge sets the schedule based on your child’s best interest, and joint physical custody under the Family Code means significant time with each parent, which can be equal but does not have to be.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Family Code section 3040(e): “This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child, consistent with this section.”
Section 3004 defines joint physical custody as each parent having “significant periods of physical custody,” shared “in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020.” Section 3020(b) declares a state policy “to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship,” except when that contact would not be in the child’s best interest. When that policy conflicts with the child’s health, safety, and welfare, section 3020(c) says the order must ensure the child’s health, safety, and welfare and the safety of all family members.
The only presumption for joint custody is narrow. Section 3080 applies it, subject to section 3011, “where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child.”
What to do next
If you want equal time, ask for a specific schedule, such as alternating weeks or a 2-2-3 rotation, on the custody attachment (form FL-311), and explain in your declaration how it works for your child’s school, age, and the distance between homes. If you and the other parent already agree on 50/50, you can put the agreement in writing and ask a judge to sign it as an order. Equal time is a separate question from child support.
- Form FL-311, Child Custody and Visitation (Parenting Time) Application Attachment, Rev. January 1, 2026 (PDF)
- Is California a mother state? Can a dad get primary custody?
- What’s the difference between legal and physical custody, and sole versus joint?
- Free custody schedule builder
- Does 50/50 custody mean no child support?
Last checked against the sources above on October 8, 2026.
Ready to ask for custody orders?
Our guided tool fills out the Request for Order and custody attachments, and drafts your declaration from your own words.
Join the waitlist ($129 at launch)Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
Get the California custody checklist
Two pages: what to gather, which forms, deadlines, what to bring to the hearing. Free, no account.