by Yasaman Sharif || 14 February 2024 ||
This is the fourth in a series of posts relating to Child Custody and Visitation, more specifically physical custody. In our third posting, we explored what the term “legal custody” means in a court’s order on custody and visitation. Of course, as mentioned in our previous posting, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions. The results in any case depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust.
In California, Physical custody of a minor child deals with the physical residence of the minor child and with which parent the child should live. Similar to legal custody (discussed in our second posting), physical custody can be sole or joint.
Sole Physical Custody
In a case of sole physical custody, the minor child will live, all or most of the time, with one parent who the court finds is suitable to take care of the child (custodial-parent). If the court decides that it is in the best interest of the child, it may allow the other parent (non-custodial parent) to have visitation time with the child based on a parenting plan.
Joint Physical Custody
In a case of joint physical custody, the child will live with both parents. In this case, the court decides it is in the best interest of the child to live with both parents. This is the best scenario because it is public policy of California to ensure that a minor child continues to have frequent and continuing contact with both parents after they have ended their relationship or divorced. But at the end of the day whether the court decides that the child should live with one or both parents depends on what is in that particular child’s interest.
Conclusion
In deciding whether physical custody of the minor child should be sole or joint, the court initially considers the best interest of the minor child. But if you want to change a “final” custody and visitation order that is already in place, the court will apply a different standard known as “a substantial change of circumstances.”
If you are wondering what “best interest” means, you should check our second posting in this series. The term “substantial change of circumstances” will be discussed in a later posting.
More Questions?
In future posts, I’ll provide some more details on these and other areas of child custody and visitation. If you have questions beforehand though, please check out the rest of our blog for more information. The content of this blog is provided for informational purposes only, and we are not offering any legal opinions. If you wish to consult with Sharif | Faust, please contact us to set up a consultation. This blog does not create an attorney-client relationship with Sharif | Faust. To retain Sharif | Faust, you must sign a written attorney-client agreement. Remember, the results in any case depend upon the specific facts in that case. It is important that you consult with a lawyer you trust. By reading this blog, you agree to our Terms of Use.