Child custody
In California, courts almost always strive to keep siblings together after divorce, recognizing the stability and support that sibling bonds provide during a difficult transition. Split custody—where siblings live separately—is considered only in rare and unusual circumstances. Judges must be convinced that separating siblings truly serves each child’s best interests, a very high bar to meet. While not common, split custody can be an option when safety, health, or unique family dynamics outweigh the benefits of keeping children together.
Child Custody
In California, courts almost always strive to keep siblings together after divorce, recognizing the stability and support that sibling bonds provide during a difficult transition. Split custody—where siblings live separately—is considered only in rare and unusual circumstances. Judges must be convinced that separating siblings truly serves each child’s best interests, a very high bar to meet. While not common, split custody can be an option when safety, health, or unique family dynamics outweigh the benefits of keeping children together.
Facing a custody case that feels impossible? You don’t have to navigate it alone
When parents divorce, determining the child custody arrangement that will be best for the children while preserving family relationships to the extent possible is often one of the most complex issues facing them. While California law sets out principles guiding the priorities to be considered, starting with what is in the best interests of the child, it preserves a great deal of flexibility for the court to decide how or if parents should share physical custody and/or legal custody.
In general, the courts prefer to keep siblings together, no matter what overall configuration of custody is deemed appropriate, to help them maintain strong bonds with one another. As the children’s relationships with each parent inevitably change when one household becomes two, healthy sibling relationships can help promote a sense of stability and support. This makes judges extremely reluctant to separate siblings when making custody rulings. However, split custody in California can be considered in rare circumstances when other factors affecting the health, welfare, or safety of the children outweigh the benefits of keeping them together.
A court must be persuaded that the child’s best interests will be served by such an arrangement to sign off on or order it, which is a steep standard to meet. Nevertheless, though split custody is almost never anybody’s first thought, in unusual situations it may be the best of the imperfect options available.
What You’ll Learn In This Post:
What Is Split Custody?
In the overwhelming majority of child custody arrangements, siblings are placed together, whether they are dividing time between their two parents’ homes or residing solely with only one. In a split custody arrangement, however, one parent has primary physical custody of one or more children, while the other has custody of the remaining child or children. The separation of siblings from one another is the major factor that differentiates split custody from typical joint custody or sole custody decisions.
Depending on the reasons split custody is granted, parents may still share some degree of legal custody over the children. Their parenting plan may also include visitation between noncustodial parents and the child or children who reside in the other household, as well as between siblings. As with any other kind of custody decision, these details depend on the degree to which such contact or shared responsibility will benefit the children.
Why Is Split Custody Rare?
California’s public policy, as laid out in Family Code § 3020, is “to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage,” unless that would jeopardize the children’s health, safety, or welfare. Absent issues such as abuse, domestic violence, substance abuse, or other factors that would be detrimental to a child’s well-being, the court tends to start from the presumption that a custody arrangement that preserves ongoing contact with both parents is best. Split custody naturally has a negative impact on the amount of time each child spends with their noncustodial parent, potentially having a similar negative effect on their bond with that parent.
On a similar note, courts generally believe it is in the best interests of siblings to stay together during and after a divorce. Research suggests that sibling relationships can help children better weather the effects of their parents’ divorce, promoting resilience and protecting them from some of the harmful effects of divorce. Separating them can deprive them of this support and damage the quality of their relationship over the long term. Given these factors, it is no wonder that the court requires compelling reasons to justify why separation would be in the children’s best interests and only approves split custody in unusual circumstances.
When Is Split Custody Allowed in California?
Rare does not mean never, and there are circumstances under which split custody decisions might be considered. These include:
- A child with special needs: When one child has serious medical or developmental needs, it may be in their best interest to reside full-time with the parent who is better equipped to be their primary caregiver, while the others live with the parent who has more time to care for their needs.
- Children with extreme conflicts: Siblings may sometimes have an unusually difficult time getting along with one another, to the point where one sibling may feel threatened or unsafe around the other. Separating the children in this situation may be necessary for their safety and emotional well-being.
- A child with behavioral problems: If a child has severe behavioral problems and responds better to one parent than the other, placing them with that parent and their siblings with the other may be in all the children’s best interests.
- Better opportunities for the children: If one parent lives in an area that allows a child access to a better school or opportunities to pursue preferred extracurricular activities, then the child may be better served by living with them full-time, particularly where the parents live a great distance apart.
- Child preference: In California, children aged 14 and older are permitted to address the court to express their wishes regarding custody, though the court is not bound to follow their preference if it is determined to not be in their best interest. For example, if the court believes the request is the result of parental alienation or parental coaching, they would be less likely to grant it, unless the damaged relationship with one sibling is beyond repair and threatens the other siblings’ relationship with that parent.
Whether a request for split custody will be granted depends on the specific circumstances of a family’s situation and how effectively an argument for it can be made to the court. Parents who are exploring split custody, or whose children are requesting it, should retain the assistance of an experienced family law firm to understand their options and have the best opportunity for successfully establishing the custody arrangement that works for their family.
Expert Legal Guidance for Child Custody Decisions
Acknowledging that typical joint custody may not be what’s right for your children can be extraordinarily difficult. If you believe that a nontraditional arrangement, such as split custody, is necessary to protect the best interests of all your children, the expert family law attorneys at Hoover Krepelka can provide the guidance and legal representation you need to find the right solution. To schedule your consultation, fill out the form below today.
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FAQS
Is split custody legal in California?
Yes, split custody is legal in California, but it’s rare and only approved in unusual situations where it clearly serves the children’s best interests.
Why would a judge separate siblings in a custody case?
Judges may separate siblings if there are compelling reasons, such as safety concerns, special needs, extreme conflicts, or better opportunities for one child in a different home.
How do courts decide when to allow split custody?
Courts weigh whether split custody would truly serve each child’s best interests, considering factors like health, safety, sibling relationships, and the unique needs or preferences of the children.