Child Custody

In California, child custody breaks down into legal custody and physical custody as follows:

Legal Custody:

If parents share joint legal custody, the parties are ordered to in good faith converse and agree upon the following:

• Decisions related to the child's school and extra curricular activities;
• Decisions related to the child's health, including doctor visits and medication;
• Decisions related to non-school related activities;
• Decisions related to the child's religion or whether your child is without religion;
• Being listed on school and medical records and having the right to receive information related to your child;
• Decisions related to the child's travel including where the child will live;
• If the parties cannot agree, then in order to resolve whatever issue a Request For Order must be filed and they must go to court to allow a Judge to rule upon that issue.

Physical Custody:

Physical custody can be:

• Joint, which means that the children live with both parents.

A joint physical custody arrangement means “that each parent shall have significant periods of physical custody.” According to the provision, the goal of joint physical custody is to ensure your child will have frequent and continuing contact with you and the other parent. Thus, your child will reside with you and the other parent, but the time may not be divided equally due to obligations such as school and work.

• Sole or primary, which means the children live with one parent most of the time and usually visit the other parent.

A sole physical custody arrangement means “the child will reside with and be under the supervision of one parent, subject to the power of the court to order visitation.” Thus, your child will live with a custodial parent, which could be you or the other parent. If you have primary physical custody, the other parent will likely be granted “visitation rights”.

The issue of child custody can be modified by filing a Request For Order through the court system until the child involved has attained the age of eighteen.

For more information about child custody please contact us today.