Understanding the Difference Between Legal and Physical Custody

Going through a child custody battle in California can be a stressful and emotional experience for parents. It's essential to understand the different types of child custody and what they mean. In California, the two primary forms of child custody are legal custody and physical custody. These two types of custody have significant differences that can affect both parents and children.

In this blog post, we'll help you understand the difference between legal and physical custody in California.

How Does the Law Define Legal Custody in California?

If you’re awarded legal custody of your children, you get to make important decisions that impact your children’s lives. These decisions usually involve your children’s education, religion, or health care. If you’re awarded sole legal custody, you have final say regarding these decisions. If you and your co-parent share legal custody, then you must share decision-making duties with them. Even if you aren’t awarded physical custody of your children, you can still be awarded sole or shared legal custody of your kids.

How Does the Law Define Physical Custody in California?

Physical custody refers to the living arrangements of children following the separation or divorce of their parents. Physical custody determines the parent with whom the child will live.

In California, there are two types of physical custody: sole custody and joint custody. Sole custody means that the child will live solely with one parent. Joint custody means the child will live with both parents separately, but the custody can still be divided in any percentage.

How Can a Family Law Attorney Help Me with My Child Custody Case?

When it comes to child custody battles, it is always recommended that you should seek legal assistance. A qualified family law attorney can provide you with the proper counsel and protect your and your child’s best interests throughout the child custody process. A child custody lawyer can help you understand the legal jargon as well as the rights and obligations that come with different custody arrangements.

At Kirk & Toberty, Attorneys at Law, we understand the challenges that parents can face during the child custody process. Rest assured, our team of experienced family law attorneys is here to offer you valuable guidance and unwavering support throughout the entire journey. Feel free to give us a call at (949) 416-2215 or reach out to us online today for more information.

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