When parents separate or begin the divorce process in California, questions about child custody often come up early and can quickly become confusing and possibly contentious. California law divides child custody into two different categories – legal custody and physical custody. Understanding the distinction between the two is essential for any parent preparing to create a parenting plan or heading to court.
Definition of Legal Custody
Legal custody in California means you have the power to make important decisions for your child’s upbringing. This covers major aspects such as which school your child attends, health care choices like doctors or therapists, participation in religious activities, approval for travel, and extra-curricular activities or camps. This type of custody can be one of the following:
- Joint Legal Custody: This is when both parents are expected to work together and share decision-making authority on all major issues in their child’s life, though day-to-day smaller choices may happen more casually.
- Sole Legal Custody: In this situation, one parent takes primary responsibility for making these important decisions, even if the other parent is involved in the child’s life.
Definition of Physical Custody
Physical custody is focused on where your child actually lives and which parent is handling their daily care and routine, including meals, homework help, bedtime, and transportation to activities or school.
- Joint Physical Custody: Here, your child spends significant, though not always perfectly equal, time living with both parents. California courts encourage frequent and continuing contact with both parents when possible and safe for the child.
- Sole or Primary Physical Custody: In this setup, your child lives most of the time with one parent (the “custodial parent”), while the other usually receives set visitation or parenting time, depending on what’s appropriate for the child and the situation.
Understanding the different types of custody and how they can be split gives you a better idea of what to expect when you go to court.
How California Courts Decide Custody
Child custody decisions are determined by judges and the primary way they decide is to figure out what would be in the “best interest of the child.” The ultimate goal is to keep children safe and emotionally healthy. Some of the factors they consider when determining what is best for the child include:
- Stability and Continuity: Judges usually want to maintain routines, consistent caregivers, and long-term stability whenever possible.
- Parent’s Ability to Communicate and Cooperate: Effective, respectful co-parenting will also play a part in the decision.
- History of Domestic Violence or Substance Abuse: Any pattern of domestic violence or substance abuse will play a large role in custody decisions. Judges are likely to require parents who have these issues to have supervision when visiting their children.
- Child’s Preference When Appropriate: The older and more mature a child is, the greater the chance their opinions on primary living arrangements will be considered by the court.
- Logistics – Distance, School Consistency, and Parent Schedules: Distance between homes, scheduling conflicts, and changes to schooling or routine that would occur because of custody decisions are strongly considered.
Judges can generally consider any other factors that they deem are relevant to the case as well. Custody cases are complicated and always determined on a case-by-case basis, with the ultimate goal of protecting the child as much as possible. If you have questions or concerns about your own situation, reach out any time for a confidential consultation with one of our San Diego family law attorneys.