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Who receives custody of the children while a divorce is pending in California?

by | Jan 22, 2026 | Divorce, Uncategorized

San Diego, CA – There were reports that a celebrity couple was dealing with the custody issues caused by an ongoing divorce in California [1].

Celebrity says she is handling all parenting responsibilities during divorce

In a recent interview on a daytime show, a reality television personality opened up about her experiences co-parenting her 4-year-old son during her ongoing divorce. She explained that co-parenting involves “ups and downs,” but noted progress, stating, “I think that we are getting better at it.”

Despite signs of improvement, she handles the majority of responsibilities for their child independently. “I take care of pretty much everything by myself,” she said, acknowledging that her ex “is doing better” in certain areas and “definitely loves his son.” However, she emphasized her own role, adding, “I just get things done.”

She expressed deep fulfillment in her daily life as a single mother, describing it as thriving despite the challenges. “I feel like I’m thriving as a single mom. My son is so amazing, and I feel like … I always wanted to be a mom,” she shared. She described her son as “so cute,” calling him “my little everything; he’s my best friend,” and said she loves having him with her constantly.

The couple met in 2015, later starring in a spinoff series focused on their lives. They married in 2019 and welcomed their son in 2021. Their separation was announced in 2024, and they continue navigating co-parenting while finalizing the divorce.

Earlier comments reflect similar themes. In a September interview, she described co-parenting as a challenge due to the dynamic, but stressed that their child remains the top priority for both. “It’s always gonna be a challenge, but [the child] is the most important thing to both of us,” she noted, adding they are working toward common ground and healing over time.

On her podcast a few months later, she reinforced her commitment, saying she is “very much a full-time mom” and appreciates it fully. She expressed hope for ongoing improvement in their co-parenting dynamic, noting her ex is focusing on personal growth. “I hope that, you know, we can continue to work on our co-parenting relationship and just get better and stronger all the time,” she said. Ultimately, she emphasized that a successful co-parenting arrangement is the goal, as the child’s well-being always comes first.

How are custody issues decided during an ongoing divorce in California?

 In California, custody issues during an ongoing divorce are decided based on the best interests of the child, as outlined in the California Family Code (primarily Sections 3011, 3020, and related provisions). This standard prioritizes the child’s health, safety, emotional well-being, and overall stability over parental preferences. Courts do not favor one parent by default (no “tender years” doctrine or automatic maternal preference exists), and the goal is often to ensure frequent and continuing contact with both parents when safe and appropriate.

Custody is divided into two categories: legal custody (decision-making authority for major issues like education, health care, and religion) and physical custody (where the child lives and spends time). Each can be joint (shared between parents) or sole (awarded to one parent). Joint arrangements are common unless evidence shows they would harm the child.

The process typically begins when parents file for divorce and include requests for temporary custody orders. If parents agree on a parenting plan (detailing custody, visitation, and responsibilities), the court usually approves it, as long as it serves the child’s best interests. Mediation is often required in contested cases to encourage agreement.

If no agreement is reached, a judge decides after considering evidence at hearings. Key statutory factors from Family Code § 3011 that courts must evaluate include:

  • The health, safety, and welfare of the child (the primary concern).
  • Any history of abuse (domestic violence, child abuse, or abuse against other family members) by a parent or household member.
  • The nature and amount of contact with both parents, promoting ongoing relationships unless contact would jeopardize safety.
  • Habitual or continual illegal drug use, alcohol abuse, or misuse of prescribed substances by a parent.
  • Other relevant factors, such as each parent’s ability to provide a stable environment, the child’s emotional ties, continuity of care, and (if the child is mature enough, often 14 or older) the child’s preferences under Family Code § 3042.

Courts may also consider additional elements like parental mental health, work schedules, living conditions, and the child’s adjustment to home, school, and community. Evidence can include witness testimony, evaluations by child custody evaluators or experts, school records, and documentation of parenting history.

Temporary custody orders can be issued early in the divorce to maintain stability, and final orders come at the divorce’s conclusion (or via separate custody proceedings if needed). The court has broad discretion but must base decisions on evidence supporting the child’s best interests, not parental convenience or fault in the marriage.

Parents should seek legal advice, as outcomes depend on specific circumstances. Resources like the California Courts Self-Help Center provide forms and guidance for navigating these issues.

Family attorneys are available in the San Diego area

Smith Family Law is available to help local clients with issues such as divorces, child custody,

alimony, domestic violence, and settlements. Their attorneys can provide more information

about any of these issues.

Smith Family Law Staff

Firm contact info:

Smith Family Law

225 Broadway, Suite 2220, San Diego, CA 92101

619-431-3131

https://www.smithfamilylaw.com/

 

Sources:

 

  1. https://www.sheknows.com/parenting/articles/1234962669/brittany-cartwright-parenting-jax-taylor-divorce/