Family Law today focuses on the “best interest of the child,” which means that family laws try to keep the children’s well-being at the forefront of decision-making. There are two main types of child custody in California: legal custody and physical custody.

A parent with legal custody has the decision-making authority for the child’s life, including: health care, education, religious participation, etc. Usually, “joint legal custody” is granted to the parents, but sometimes the court will grant “sole legal custody” to only one parent. Joint legal custody means that both parents shall share the right and responsibility to make the decisions relating to the health, education, and welfare of a child. (California Family Code §3003).

Joint physical custody means that each of the parents shall have significant periods of physical custody. There may be certain timeshares where the child spends designated times with each parent. This may be equal timeshares (week on/week off) or there may be another arrangement. Sometimes, only one parent has “primary” physical custody which means the child lives with, and is supervised by, only one parent for the majority of the time, and the other parent has “visitation” rights or “parenting time.” (California Family Code §3004).