PUJA SACHDEV | March 3, 2025 | Child Custody
California’s public policy states that children should have frequent and continuing contact with both parents after their relationship ends. Parents are encouraged to share the rights and responsibilities of child-rearing unless this contact would not be in the child’s best interests. For this reason, joint custody is the most common custody arrangement in California.
What Is Joint Custody?
Joint custody can have two parts: legal and physical.
Legal Custody
California courts define legal custody as a parent’s right to make important decisions about the welfare and legal rights of their child.
This includes decisions regarding:
- Where the child lives
- Where the child attends school
- The extracurricular activities the child participates in
- The child’s healthcare and medical treatment
- The child’s religious upbringing
When parents share legal custody, they both have the right to make these decisions in consultation with each other. If sole legal custody is ordered, only one parent has the right to make these decisions. Courts often award joint legal custody.
Physical Custody
Physical custody refers to where the child primarily lives and who is responsible for their daily care. When joint physical custody is awarded, the child spends substantial time with both parents. However, this may not be 50/50. For example, the child might spend a little more time with one parent than another. The arrangement is still considered joint physical custody if the child spends substantial time with each parent, usually at least 35%.
The parents can agree to various arrangements that fit their family’s needs. For example, the child might live with one parent during the school week and the other on weekends. They could alternate weeks. Or, they could use some other arrangement that they both agree on.
If joint physical custody is not awarded, one parent may have primary custody while the other has visitation. Visitation may be based on a set schedule, be flexible, or be supervised. In rare cases, courts may not award visitation.
Courts may order one form of child custody to be sole and the other joint, such as sole physical custody and joint legal custody.
Parenting Plans in California
Parents are encouraged to create a parenting plan together to designate who will take care of the child and how they will make decisions for the child. Parents have wide flexibility in creating these plans, but their plan must be in the child’s best interests. Courts will generally approve these child custody plans.
How Courts Determine What’s in the Child’s Best Interests
If parents cannot agree about child custody, courts consider various factors to determine what is in the child’s best interests:
- Your child’s age and health
- The ability of each parent to care for your child
- The emotional connections between your child and the parents
- The child’s ties to their school, home, and community
- The child’s safety and welfare
- Any history of domestic violence
- Any regular and ongoing substance abuse by either parent
- The child’s stated preferences
Parents who cannot agree on child custody can also participate in mediation to try to reach an agreement so they do not have a contested case before a court.
Contact Our Experienced Family Lawyers for Help
The experienced legal team at San Diego Divorce Lawyers, APC has helped many parents struggling to decide what is best for their family. We can guide you through the child custody determination process, explain your legal rights, and help you explore various options. We can also negotiate favorable child custody arrangements. CContact our San Diego office at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
