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What Are The Types of Custody in an Orange County Custody Case?

In California, 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.  There are 2 types of legal custody:

  • “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)

“Physical Custody” involves who has the children and on what days and time.  There are 2 types of physical custody:

  • “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)

For more information or to schedule a consultation, contact Orange County divorce attorney Gerald Maggio of The Maggio Law Firm, by visiting www.maggiolawfirm.com or calling (949) 553-0304.

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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