Are you going through a divorce or separation and wondering how custody will be determined? Child custody decisions are some of the most important and emotionally charged aspects of family law cases. Parents need to understand the legal distinctions between physical and legal custody, as they vastly impact parenting rights and responsibilities. Keep reading to learn the difference between physical and legal custody and how they affect your ability to make decisions for your child.
What Is Legal Custody?
Legal custody refers to a parent’s right to make major decisions about their child’s life. This includes choices regarding education, healthcare, religious upbringing, and general welfare. In California, courts typically award either sole legal custody or joint legal custody.
When a parent has sole legal custody, they have the exclusive right to make important decisions about the child’s life without needing input from the other parent. However, if both parents are granted joint legal custody, they must work together to make significant decisions about their child’s future, including where they will go to school, etc.
What Is Physical Custody?
Physical custody determines where the child will live, and which parent is responsible for their daily care. Like legal custody, physical custody can be granted solely to one parent or shared between both parents. If one parent is awarded sole physical custody, the child primarily resides with that parent while the other may receive visitation rights.
In joint physical custody arrangements, the child spends significant time with both parents, though this does not always mean an exact 50/50 split. Courts consider factors like the child’s school schedule, each parent’s work commitments, and the child’s best interests when determining a physical custody arrangement.
How Do Courts Determine Custody?
When deciding custody, California courts prioritize the child’s best interests. Judges consider factors such as the child’s relationship with each parent, their stability and well-being, and any history of domestic violence or substance abuse. The court aims to create a custody arrangement that supports the child’s emotional, educational, and social development.
Parents who can cooperate and develop a mutually agreed-upon custody arrangement are often able to avoid court battles. However, if disputes arise, the court will step in to determine custody based on what is best for the child rather than the preferences of either parent.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Custody Cases in Claremont CA
Understanding the difference between legal and physical custody is crucial for any parent involved in a custody dispute. Whether you are negotiating a parenting plan, seeking a custody modification, or dealing with a custody battle, having an experienced child custody attorney in Claremont CA on your side can make a significant difference. At Kendall Gkikas & Mitchell, LLP, we are committed to protecting your parental rights and helping you secure the best arrangement for your child. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
