Sole Custody in California
In California, there are two types of custody: legal and physical, and both can be either joint or sole. Here’s the basics on sole legal and physical custody in California.
Physical custody refers to with whom the child lives following the parents’ separation, and legal custody refers to the ability/right to make important decisions regarding the child. Sole (or primary) physical custody means having the child live with the parent in question a majority of the time. Sole legal custody means having the exclusive right to make important decisions regarding the child.
What is sole physical custody?
In California, physical custody is one of the two types of child custody, and it refers to who the child lives with post-separation. Physical custody can be either joint or sole. If joint, then the child lives with both the parents for roughly equal portions of time. If sole, then the child lives with one of the parents for most of the time and usually only visits with the other parent for certain periods of time. As such, the parent with sole physical custody has primary custody of the child, while the other parent has visitation with the child. However, in extreme cases, sole physical custody may mean that the child lives exclusively with one parent and sees the other parent rarely, if at all.
Related: Types of Child Custody and Visitation in California
Reasons for sole physical custody
In determining child custody arrangements, judges must decide what is in the child’s best interests. This includes considering aspects such as the age of the child, the ability of each parent to care for the child, history of domestic violence, and more. Judges recognize the importance of consistent contact with both parents in terms of the development of any child, and as such will generally find that joint custody is in the best interest of the child.
However, judges will award sole physical custody of the child for certain reasons. If the parents decide to award sole physical custody to one parent, then the judge will generally approve their choice. Similarly, if one of the parents simply does not show up to contest the other parent in court, then the judge will award sole physical custody to the other parent. In situations where the other parent is involved and objects to granting sole physical custody to the other parent, sole custody can still be awarded if it is proven that the other parent is unfit to watch over the child. This can be proven if there is a history of child abuse, substance addiction, etc. The parent requesting sole custody will subsequently have to prove that they are fit to have sole custody of the child.
What is sole legal custody?
Legal custody is the other type of child custody in California. It refers to the ability to make important decisions regarding the child, such as health care, education, travel, and more. If joint, then both parents have the right and responsibility to make these decisions. If sole, then only one parent has this right and responsibility. As such, if a parent has sole legal custody of a child, then the other parent has no right to determine or influence aspects of the child’s life, such as where they go to school or whether or not they should go to the doctor.
Can I move if I have sole legal and physical custody?
Generally, if a parent permanently has sole legal custody and sole physical custody (referred to simply as “sole custody”), then they do have the right to move with their children as long as they provide proper written notice to the other parent at least 45 days before the move so that the custody order may be changed if necessary. However, the other parent can object to the move if they show that it would not be in the children’s best interest. This situation can become complicated depending on the circumstances, and so a parent in this situation may wish to speak with an expert family law attorney.
Is physical custody the same as sole custody?
Physical custody and sole custody are not the same thing. Sole custody refers to having both sole physical custody and sole legal custody, while physical custody does not include legal custody and can be either joint or sole.
Related: Legal vs Physical Custody in California: The Difference
Being awarded sole custody is quite rare because, as previously discussed, it is generally in the best interest of the child to maintain consistent contact with both parents. However, sole custody may be awarded if one of the parents has a history of abuse, addiction, etc.
Does sole custody terminate parental rights?
Sole custody does not terminate parental rights. Termination of parental rights refers to a type of court order that permanently ends the legal parent-child relationship. This means that the parent no longer has any custody, visitation, or inheritance rights regarding the child. A parent can request this voluntarily, or it may be undertaken involuntarily if the court wants to allow an adoption to take place. In the case of sole custody, the other parent is still legally the child’s parent and has rights that are not explicitly taken away by the order. For example, the parent usually has visitation rights when the other parent has sole custody of the child.
Related: How to Fight Termination of Parental Rights in California
FAQs about sole custody in California
What is sole custody?
Sole custody refers to having both sole physical and legal custody of a child.
What is physical custody?
Physical custody refers to who the child will live with. Sole physical custody means that the parent will have the child live with them the majority of the time, while the other parent will generally have visitation rights. Joint physical custody means that the child lives with both parents for a roughly equal amount of time.
What is legal custody?
Legal custody refers to the ability to make important decisions regarding the child, such as education and healthcare. Sole legal custody means that only one parent has this ability, while joint legal custody means both parents have this ability.
How do I get sole custody of my child?
If the other parent disagrees with your claim to have sole custody, then you will have to prove in court that the other parent is unfit to maintain custody of the child. You should contact an expert family law attorney to assist you.
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If you or a loved one have any more questions about sole legal and physical custody in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!