Types of Custody in a California Custody Case
There are two types of child custody, Legal Custody and Physical Custody. Legal custody concerns who is entitled to make the decisions concerning the health, education and welfare of the parties’ children. Physical Custody involves who has the children and on what days and time.
- “Sole Legal Custody” means that one parent has the right to make the decisions concerning the health, education and welfare of the children. (California Family Law Code Section 3007)
- “Joint Legal Custody” means that both parents must confer and share the responsibility and right to make the decisions concerning the health, education and welfare of the children. (California Family Law Code Section 3003)
- “Sole Physical Custody” means that the children live with one parent with the other party having regular visitation. (California Family Law Code Section 3007)
- “Joint Physical Custody” means that the children spend a substantial amount of time living with both parents, but does not mean that there is a pure 50% split of parental time between the parents. (California Family Law Code Section 3004)
- “Joint Custody” means joint physical and joint legal custody. (California Family Law Code Section 3002)
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