Legal Custody vs. Physical Custody
What is the difference between Legal & Physical Custody?
Legal Custody refers to who has the right and responsibility to make decisions for the minor child(ren) related to their health, education, and welfare.
For example, these decisions could include, but may not be limited to, the following:
Selecting the child(ren)’s healthcare provider;
Medical treatments such as vaccinations;
Which school the child(ren) attend;
Religious affiliation and education/participation; and
Extracurricular activities.
Physical Custody refers to who the child(ren) lives with most of the time, and therefore makes most of the child(ren)’s day-to-day decisions.
For example, these decisions could include, but may not be limited to, the following:
Daily care such as selecting clothing, setting bedtime, providing proper nutrition, and managing hygiene;
Assisting with homework;
Assigning chores;
Facilitating participation in extracurricular activities;
Administering basic first aid and routine medications (can vary depending on child(ren)’s needs);
Managing and nurturing the child(ren)’s emotional needs and supporting their development;
Arranging playdates and other social activities; and
Ensuring a safe and stable home environment.
Why are the different Types of Custody Arrangements?
The Legal and Physical Custody arrangements for minor children can either be Sole or Joint. Your custody arrangement will specifically address both Legal and Physical Custody.
Sole Legal Custody: One parent has the right and responsibility to make the decisions relating to the health, education, and welfare of the parties' minor child(ren). [1]
Joint Legal Custody: Both parents share the right and responsibility to make the decisions relating to the health, education, and welfare of their minor child(ren). [2]
Sole Physical Custody: The minor child(ren) shall reside with and be under the supervision of one parent, subject to a court ordered visitation schedule. [3]
Joint Physical Custody: Each of the parents shall have significant periods of Physical Custody of their minor chil(ren), shared in such a way as to assure the child(ren) frequent and continuing contact with both parents. [4]
Sole Custody: One parent has Sole Legal and Sole Physical Custody of the parties’ minor child(ren).
Joint Custody: Both parents share Joint Legal and Joint Physical Custody of the parties’ minor child(ren). [5]
Can Mediation help establish a custody arrangement for our child(ren)?
YES - Mediation can assist you in finding the appropriate custody arrangement for your family. One of the many benefits of Mediation is that it allows parents to focus on the needs of their child(ren) and center them throughout the family law process.
Litigation, on the other hand, could result in a judge, a complete stranger, deciding what is best for your child(ren). [6] A judge who does not know you, your spouse, or your child(ren), may have the final say in how much time you each spend with your child(ren) and who makes important decisions for them.
In Mediation, you and your spouse can take control of this issue and decide together what is best for your children - after all, you both know your child(ren) better than anyone and truly hold their best interests in mind.
Lea M. Nemeth, PC is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.
Related FAQs:
Footnotes
[1] See California Family Code § 3006
[2] See California Family Code § 3003
[3] See California Family Code § 3007
[4] See California Family Code § 3004
[5] See California Family Code § 3002
[6] See California Family Code § 3011
