Child custody definitions in California

Child custody definitions in California
Child custody definitions in California.

Child custody definitions in California are the topic of this blog post.

This blog post will provide basic information on child custody definitions in California.

Joint Legal Custody:

Joint legal custody means that both parents have the authority to make important decisions regarding the child’s health, education, welfare, religion, driver’s license, etc. In some cases a judge will give parents joint legal custody, but not joint physical custody.

Joint legal custody means both parents share the responsibility in making important decisions in their child’s lives, but live with one parent most of the time. In most situations, the parent that does not have physical custody has visitation with the children.

Parents with legal custody have the right to make decisions regarding:

Parents with legal custody have the right to make decisions regarding:

School or childcare

Religious activities or institutions

Psychiatric, psychological, or other mental health counseling or therapy needs

Doctor, dentist, orthodontist, or other health professional (except in emergency situations)

Sports, summer camp, vacation, or extracurricular activities

Travel

Where to live

Joint Physical Custody:

Joint physical custody means that each parent has significant periods of physical custody, although parents can share joint custody even if the timeshares are unequal. For example, one parent may alternate a weekend schedule and the other parent has the child the rest of the time.

Legal Custody:

Legal custody means that the parent that has legal custody has decision-making authority for issues with health, education, and welfare of a child. When both parents share this responsibility it is referred to as “Joint Legal Custody.”  When only one parent has this responsibility, it is referred to as “Sole Legal Custody.”

Physical Custody:

Physical custody means that the parent or parents have the physical responsibility for the care of the child. Physical custody can be joint physical custody or sole physical custody.

Primary Physical Custody:

Some attorneys avoid the use of either “sole custody” or “joint custody” and use the term “primary physical custody” to designate the parent who has day-to day care of the child.

However I want to stress that the child custody laws in California do NOT recognize the term “primary physical custody” as the California Supreme Court has stated that the term “`primary physical custody'” is not found in the Family Code, which instead distinguishes between “`[j]oint physical custody'” (§ 3004) and “`[s]ole physical custody'” (§ 3007). See In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1081, fn. 1; see also In re Marriage of Richardson (2002) 102 Cal.App.4th 941, 945, fn. 2 (“Though frequently employed, the term `primary physical custody’ has no legal meaning.”.)

Using the term primary physical custody in any marital settlement agreement, or stipulated judgment or order can have negative consequences under certain circumstances such as move-away cases where one parent wants to move with the minor children to another city or state.

Sole Legal Custody:

Sole legal custody means that one parent is able to make all decisions regarding the child’s health, education, welfare, religion, driver’s license, etc.

Sole Physical Custody:

Sole physical custody means that one parent will have the physical custody of the child the great majority of the time, as well as responsibility for day-to-day care of the child.

Visitation:

If one parent has physical custody, the other parent is referred to as having visitation with the child.

Attorneys or parties in California that would like to view a portion of a sample stipulation and order for child custody and visitation in California created by the author can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. He believes in Father’s Rights as he has seen first-hand the incredible bias against fathers in the family law courts in California. He is currently working on creating digital products that will assist fathers both in California and throughout the United States to represent themselves without an attorney in Court regarding custody and support issues.

Follow Fathers rights on Twitter at:

https://twitter.com/Fathersrights16

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https://plus.google.com/+Fathersrights

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

 

 

 

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