Types of Child Custody in California Who should have custody of your child? This is a question the court may have to decide if you or another party is filing for custody. This decision is by far one of the most impactful in a child's and a parent’s life. A child custody lawyer can help parents navigate the legal process and protect the best interests of the child. The custody decision is made by the court based on various factors such as the parent's age, character, stability, mental and ...