When a Court Can Award More Custody Than Requested- And Why Half-Sibling Bonds Aren’t Always Legally Protected
New California Case Clarifies Two Critical Custody Issues
California’s Second District Court of Appeal just clarified two key points that could impact many custody disputes statewide, especially for parents in high-conflict or blended family situations.
In In re Marriage of R.K. and G.K. (2025), the court ruled that:
- A trial court may award more custody than the requesting party asked for, without violating due process, and
- The legal presumption against separating siblings (the Williams rule) doesn’t automatically apply to half-siblings or step-siblings.
Here’s why this matters.
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No Due Process Violation for Awarding More Custody Than Requested
In R.K. v. G.K., the mother asked for joint legal and physical custody of the parties’ daughter. The trial court, after a full (but unreported) three-day evidentiary hearing, instead awarded her sole physical custody. The father appealed, claiming the ruling was a surprise “de facto move-away” that violated his due process rights.
The Court of Appeal disagreed. It held that because the case was not a default proceeding and father had full opportunity to participate in the hearing, the trial court had discretion to award more than requested. Importantly, the Court emphasized that where the best interests of the child justify a different arrangement, a court can do more than a party asks, especially where one parent fails to co-parent or follow court orders.
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The “Williams Rule” Doesn’t Extend to Half-Siblings or Stepsiblings
Father also argued the court erred in separating the daughter from her three “siblings” at his home. But two were stepsiblings (his new wife’s children), and one was a half-sibling. The Court clarified that the compelling-circumstances rule from Marriage of Williams, which discourages separating full siblings- does not automatically apply to half-siblings or step-relations, especially when there’s no evidence of a particularly strong sibling bond.
Key Takeaway for Parents in Custody Disputes
This case reinforces a few important principles for California parents:
- Trial courts can modify custody beyond what’s requested if there’s a full hearing and sufficient findings to support it.
- Don’t assume that biological or blended-family relationships will carry legal weight unless clearly documented.
- Failing to follow court orders or engage in cooperative parenting can result in a loss of custody—even if you previously had sole custody.
At our firm, we help parents navigate complex custody modifications, move-away requests, and high-conflict co-parenting disputes. If you’re facing a custody change, or wondering whether your current arrangement still serves your child’s best interests, contact us for a consultation.
Channe G. Coles
Family Law Attorney- Santa Barbara & Ventura Counties
