Two Kinds of Custody, Two Different Questions

Many parents use "custody" to mean where the child lives. California law actually divides custody into two parts, and each answers a different question.

•       Legal custody is about decisions: school, health care, religion and other major choices for the child.

•       Physical custody is about where the child lives and who provides day-to-day care.

Each type can be joint (shared by both parents) or sole (held by one parent). That means many combinations are possible. A common one is joint legal custody with primary physical custody to one parent and a visitation schedule for the other.

Understanding the difference helps you ask for what you actually want. I've seen parents fight hard over the word "custody" when what really mattered to them was the weekly schedule, or the other way around.

When you fill out your FL-300 and FL-311, be specific about both legal and physical custody, and attach a proposed schedule. Clear requests are easier for mediators and judges to work with.

If you have questions about custody, call me at 877-4CA-FCLS (877-422-3257) for a free consultation.