In California, parental rights and responsibilities are rooted in the principle that the best interest of the child governs all decisions related to custody, visitation, and support. These rights and obligations apply equally to both parents, regardless of marital status, unless a court orders otherwise.

Key Parental Rights

1. Legal Custody – Family Code § 3003

Legal custody refers to the right and responsibility to make decisions about a child’s health, education, and welfare. This includes choices about:

  • Schooling
  • Religious upbringing
  • Medical care

Legal custody can be:

  • Joint: Both parents share decision-making.
  • Sole: One parent makes all major decisions.

2. Physical Custody – Family Code § 3004

Physical custody refers to where the child lives and the day-to-day care the child receives. This can also be:

  • Joint: The child lives with both parents at different times.
  • Sole/Primary: The child primarily resides with one parent, while the other may have visitation.

3. Visitation Rights – Family Code § 3100

Even if a parent doesn’t have physical custody, they have the right to regular and meaningful visitation unless it’s found to be harmful to the child.

4. Right to Participate in the Child’s Life

Parents have the right to:

  • Access school and medical records
  • Be informed about major life events
  • Be consulted about key decisions if they share legal custody

Parental Responsibilities

1. Financial Support – Family Code § 3900

Both parents have a legal duty to financially support their minor children according to their ability. This includes:

  • Providing for food, shelter, clothing, medical care, and education.
  • Compliance with child support orders, which are typically based on the California Child Support Guidelines (Family Code §§ 4050–4076).

2. Ensuring Child’s Welfare – Family Code § 3020

Parents must ensure the child’s safety, health, and welfare. The law presumes that ongoing and frequent contact with both parents is in the child’s best interest, provided it is safe.

3. Obedience to Court Orders

Parents must follow court orders related to custody, visitation, or support. Violating these orders can lead to:

  • Contempt proceedings
  • Loss of custody or visitation rights
  • Wage garnishment or license suspension (in support cases)

How Scott Mitchell Law Can Help

Navigating parental rights and obligations can be complex, especially in high-conflict custody or support disputes. Scott Mitchell Law, based in Modesto, California, provides experienced legal guidance in family law, offering support in areas such as:

Custody and Visitation Disputes

  • Representing parents in contested custody hearings
  • Crafting parenting plans that protect parental rights and serve the child’s best interest
  • Modifying existing custody or visitation orders

Enforcing or Challenging Orders

  • Enforcing compliance with court-ordered custody, visitation, or support
  • Petitioning for modifications due to changes in circumstances (e.g., job loss, relocation, safety concerns)

Protecting Parental Involvement

  • Helping unmarried or non-custodial parents assert legal or physical custody rights
  • Assisting fathers in establishing paternity and pursuing active parenting roles

Support Calculations and Adjustments

  • Ensuring accurate child support calculations
  • Requesting or opposing support modifications

California law upholds a child’s right to maintain strong relationships with both parents, while ensuring those parents meet their legal obligations. Whether you’re seeking custody, enforcing visitation, or managing support obligations, Scott Mitchell Law offers tailored representation to protect your parental rights and the well-being of your child.