California laws distinguish legal vs. physical custody, as well as custody levels. Here are the types of child custody and visitation in California.
The types of child custody are legal custody and physical custody, both of which can be either joint or sole custody. The types of visitation are visitation according to schedule, reasonable visitation, supervised visitation, or no visitation.
The Child’s Best Interests
Determining child custody is an undeniably complicated process; tension between you and your former partner regarding custody can run high. However, it is important to remember that your child comes first. California courts award custody of children based on the best interests of the child, so make sure you are looking out for the best interests of your child as well.
Related: Child Custody Laws in California
Types of Custody
There are two types of child custody:
- Legal Custody
- A parent with legal custody makes important decisions for their children regarding healthcare, education, and welfare.
- Joint Legal Custody
- Parents with joint legal custody share the right and responsibility to make these important decisions for their child.
- Sole Legal Custody
- A parent with sole legal custody is the only parent who has the right and responsibility to make these important decisions for their child.
- Physical Custody
- A parent with physical custody is who your children live with.
- Joint Physical Custody
- In joint physical custody, children live with both parents. This does not mean that the children must spend exactly half the time with each parent. When one parent has the children more than half of the time, that parent is called the primary custodial parent.
- Sole (or Primary) Physical Custody
- A parent with sole or primary physical custody has their children live with them most of the time, usually only having their kids visit the other parent
Related: How to Get Sole Child Custody in California
Types of Visitation Orders
Visitation is the plan for how the parents will share time with their children. Parents without custody rights can have visitation rights. In general, visitation can be:
- Visitation According to a Schedule
Generally, it helps the parents and their children to have detailed plans for visitation in order to prevent conflict. Parents and courts often come up with visitation schedules detailing the dates and times that the children will be with each parent. Visitations can include holidays, special occasions, and vacations. - Reasonable Visitation
A reasonable visitation order does not have specific details as to when the children will be with each parent. Rather, these orders are open-ended, allowing the parents to work it out between themselves. This kind of visitation plan works if parents get along well, but can be difficult if there is a lack of open communication between the parents. - Supervised Visitation
This is used when the children’s safety and well-being require that visits with the other parent be supervised by you, another adult, or a professional agency. Supervised visitation is also used in cases where a child and a parent are not familiar with each other. Supervised visitation would occur, if, for example, a parent has not seen their child in a long time and the two need to slowly become reacquainted with one another again. - No Visitation
This option is used when, even with supervision, the visiting parent would cause physical or emotional harm to the children. If this is the case, it is not in the best interest of the children for that parent to have any contact with them.
Changing Custody Arrangements
A judgement for child custody can be modified. Sometimes, changes in circumstances for parents or children can cause custody arrangements to stop working. California law recognizes that circumstances change after time and as children grow older. Either parent can petition the court for a modification of a custody order. In order to have such a petition granted in California, you must be able to show that there’s been a substantial change in your circumstances.
Contact Her Lawyer
If you or a loved one would like to know more about the types of child custody and visitation in California, contact us. We’ll match you with the best attorney in your local area for your needs and preferences. Get your free consultation with one of our California Child Custody Attorneys in California!