Custody cases often can turn contentious, especially when parents do not get along. Luckily, custody is decided in California based on the children’s best interests. As such, there are different types of custody in California, depending on the case.
Below, we will explore the types of custody in-depth, so read on for more information.
Types of Custody in California – Physical vs Legal Custody in California
In a California family court, custody decisions are made based on what is in the best interest of the child/children. If you are trying to decide who gets custody over the children, the judge presiding over your case will consider several factors when deciding, such as:
- The age of the minor child/children
- Their overall health
- The relationship they have with each parent
Moreover, the type of custody the judge decides can be physical or legal. If you wonder what physical and legal custody mean, it is best to have legal counsel to guide you through the legal terms.
In short, legal custody means having the right to make important and legal decisions about a child’s life. On the other hand, physical custody refers to the parent with whom the children will live with after the divorce is finalized.
As the best California family lawyers, our family law experts will be with you every step of the way, ensuring your parental rights are protected.
What is Legal Custody in California?
Parents with the authority and duty to make significant decisions for their child is known as legal custody. When you have legal custody, you have the right to make legal decisions for your child/children, including the following:
- Education
- Religious practices and activities
- Therapy for mental health
- Time off and travel
- Medical decisions
- Extracurricular activities
- Living arrangements
Even if you and the other parent hold different opinions, you should cooperate to make the best decisions for their well-being if you share custody of your children. The court can exercise control against shared custody if both parties cannot work together.
Legal custody can be sole, meaning that just one parent is in charge, or joint, meaning that both parents share these rights and obligations.
Types of Legal Custody
Sole Legal Custody
Sole legal custody refers to only one parent having the right and legal responsibility to make decisions concerning the health, education, and well-being of the child(ren). It is not required to get the other parent’s permission or agreement.
In California, a judge most often awards sole custody to a parent if the other parent is absent, unavailable, has serious substance issues, or an abusive history.
Joint Legal Custody
Joint legal custody is more often awarded as per California Family Code § 3010; both parents have equal rights to custody. With joint legal custody, both you and the co-parent bear legal responsibilities in making decisions regarding their children’s well-being.
With joint custody, neither you nor the other parent can decide for your child/children without the agreement of the other.
Joint custody may become contentious when the parents disagree on important matters. In these cases, they often need to go back in front of a judge to make the final decision.
What is Physical Custody in California?
The parent with whom the child/children primarily lives is the one with physical custody. With this type of custody, the child/children live primarily with one parent while the other may be awarded visitation rights.
Physical custody, like legal, is divided into two types: sole and joint physical custody. The judge may award physical custody to one parent if it is in the child/children’s best interests.
For instance, the family court considers the children’s daily routines as the standard for its decision.
Types of Physical Custody
Sole Physical Custody
Sole physical custody is when your children live exclusively with you. Unlike sole legal custody, sole physical custody does not mean that the other parent has no say in decisions regarding the children’s upbringing.
Instead, it is common for one parent to have sole physical custody while both share legal custody. In these scenarios, both parents have a say in decision-making, while the child(ren) live with the custodial parent.
Joint Physical Custody
Joint physical custody refers to when the children spend approximately equal time in both parents’ homes. This typically works best when both parents live in close proximity, as this makes it easy for them to drive the kids back and forth, pick them up from school, etc.
Even if it’s not precisely split down the middle, joint physical custody ensures the children spend significant time with both parents. The child can call each house a home.
Visitation Rights: Types of Visitation Arrangements
Most often, when one parent has sole physical custody, the other parent may get awarded visitation rights or parenting time. Depending on the circumstances surrounding the custody case, the judge may give different types of visitation arrangements.
There are four main types of visitation arrangements:
- Scheduled visitation – parenting time orders with visitation have a set schedule with dates and times the children will be with each parent. Often, the schedule also includes holidays, vacations, and special occasions.
- Reasonable visitation – with a reasonable visitation order, the parents can work out the parenting time between them. This order is open-ended and works best for parents who get along, communicate, and are willing to be flexible.
- Supervised visitation – when there is a concern about the safety and well-being of the child(ren), the court may order supervised visitation. The parent, another adult, but usually a professional agency supervises these visits. Supervised visitation may occur when a child and a parent need time to get familiar with one another or reunify; or if there has been a safety concern in the past.
- No visitation – this type of order is rare and used when visitation with a parent, even supervised, may be physically or emotionally harmful to the children.
When parents must seek the court to make orders on custody and visitation they are required to attend Child Custody Recommending Counseling (CCRC) often referred to as mediation. If the parties can work out an agreement in CCRC, the better their hearing will go. If they cannot, they will leave custodial time in the hands of a judge. It is very important to consider the child(ren) when moving forward. The Courts will do what is in the best interest of the child and that could be different than what you expect.
Conclusion
Custody cases can be complex and emotionally draining, not only for the parents but also for the children. Because of this, the courts may decide to award different types of custody in California depending on the specific cases.
In California, there are two types of custody, legal and physical, both of which may be joint or sole. If you need more information, contact us, and one of our family experts will help you during this challenging time.