What You Need to Know About Legal Custody and Physical Custody in California
A judge grants a parent(s) legal and/or physical custody of a child. Here’s everything you need to know about legal vs physical custody in California.
Child custody grants a parent, or parents, the right to make decisions regarding the child’s care, education, health, and religion. Legal custody permits one or both parents to make important decisions based on the child’s care. Physical custody has to do with where the child lives.
Related: Types of Child Custody and Visitation in California
What is Legal Custody?
Legal custody refers to who will make significant decisions about the child’s life. Legal custody can either be joint legal custody, where both parents take part in the right and duty to make important decisions about a child’s care, education, health, and religion. Or legal custody can be sole, which means only one parent makes the important decisions regarding a child’s life.
Parents who are granted legal custody make choices about their child’s:
- School or child’s care
- Religion, activities, or institutions
- Counseling and therapy needs
- Health professional needs, such as a doctor or dentist
- Extracurricular activities, summer camps, etc.
- Travel/vacation
- Where the child will live
Parents who have joint legal custody both reserve the right to make important decisions about their child’s life, but it is not necessary for them to agree on every decision. Either parent can make a decision on their own.
What is Physical Custody?
Physical custody, like legal custody, can be either joint or sole. Joint physical custody means the child lives with both parents and sole physical custody means the child lives with only one parent. When a court grants joint physical custody to parents, it typically means the parents will divide the time they have with their child equally. If one parent has a little more time with the child than the other parent, then this parent is referred to as the primary custodial parent.
Related: Child Custody Laws in California: What You Need to Know
How to Get a Custody Court Order
Most of the time, parents can make their own agreements for custody and visitation rights, without a court order. If an agreement is made between two parents, it becomes binding and enforceable. Although, if the agreement is broken by one parent, it cannot be enforced by the court until it is a court order. If two parents make an agreement on custody and both want a court order that either parent can enforce, the agreement can then be given to a judge. The judge would then approve and sign the agreement, making it a court order.
How to Write Up a Custody and Time-Share Agreement
In general, here are the steps to write up a custody and time-share agreement:
1. Fill out the proper court forms
- Stipulation and Order for Custody and/or Visitation of Children (FL-355)
- Child Custody and Visitation Order Attachment (FL-341)
- Other useful forms:
- Children’s Holiday Schedule Attachment (FL-341(C))
- Additional Provisions—Physical Custody Attachment form (FL-341(D))
- Joint Legal Custody Attachment form (FL-341(E))
2. Sign the Stipulation
Both parents must sign the Stipulation form (FL-355).
3. Make at least two copies of all the forms
One copy for the filer, the other for the parent, and the original for the court.
4. Obtain the judge’s signature on the stipulation
5. File the forms with the court clerk
Once the parents have the judge’s signature on the stipulation form, they should file the form with the court clerk.
Related: How to Make a Child Visitation Schedule in California
Contact Us
If you or a loved one have any more questions about legal vs physical custody in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!