California Divorce with Children
Everything you need to know about divorce with children in California — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in California
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
California courts consider multiple factors when determining custody arrangements:
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Child Support in California
California uses a statewide uniform algebraic guideline formula under Family Code Section 4055: CS = K[HN - (H%)(TN)]. CS is the child support amount; K is the allocation factor based on combined income and number of children; HN is the high earner's net monthly disposable income; H% is the percentage of custodial time the high earner has; TN is the total net monthly disposable income of both parents. The formula accounts for both parents' incomes, custodial time-sharing, and tax impacts. A low-income adjustment applies when the obligor earns less than full-time minimum wage (FC 4055(b)(7)). Courts have limited discretion to deviate from the guideline amount. The formula is typically calculated using approved software such as DissoMaster or XSpouse.
Official California child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| FL-105 | Declaration Under UCCJEA |
Protect your children through the process
Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related California forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.