When parents separate or divorce, one of the hardest and most emotional topics to navigate is child custody. In California, custody simply refers to who has the rights and responsibilities when it comes to raising and caring for a child.
Every family is different and there’s no one way for custody arrangements to look. Understanding the difference between legal custody and physical custody can make the process feel less overwhelming.
What is Child Custody?
In California, child custody includes two main types of parenting after separation:
Legal custody is the right and responsibility to make important decisions about your child’s health, education, and overall welfare.
Physical custody is where your child lives and who provides their day-to-day care.
Both types of custody can be joint, meaning shared between parents, or sole, meaning granted only to one parent.
Legal Custody: Making Major Decisions
Legal custody refers to who makes the big life decisions for your child. These can include choices shaping the child’s future such as the child’s education and school enrollment, medical care and treatment, counseling or therapy, religious or cultural practices, and extracurricular activities.
With joint legal custody, both parents share the right and responsibility to make these major decisions together. This arrangement works best when both parents can communicate effectively and keep one another informed and involved.
With sole legal custody, only one parent has the authority to make major decisions for the child. The other parent may still be informed or consulted, but they do not share equal decision-making power.
Physical Custody: Where the Child Lives
Physical custody is about your child’s living arrangements, where they spend most of their time, and who provides daily care and supervision.
Joint physical custody means your child spends meaningful time with both parents. This does not always mean an exact 50/50 schedule. California law focuses on ensuring that children have frequent and continuing contact with both parents whenever it’s healthy and practical.
Sole physical custody, sometimes also referred to as primary physical custody, means your child primarily lives with one parent. The other parent (often called the non-custodial parent,) may have visitation rights or scheduled parenting time under a court order.
Quick Summary
Sole Legal Custody: One parent has the exclusive right to make major decisions.
Joint Legal Custody: Both parents share decision-making responsibilities.
Sole Physical Custody: The child primarily lives with one parent.
Joint Physical Custody: Both parents share physical time, though not necessarily equally.
How Custody Is Decided
In family law, every custody case is unique. Courts make custody decisions with one goal in mind: protecting the health, safety, and emotional well-being of the child.
When determining custody, the courts consider numerous factors, including the child’s age, health, and needs, each parent’s ability to provide care, stability, and support, the relationship between the child and each parent, any history of abuse, neglect, or substance use, the child’s preference (depending on their age and maturity,) and each parent’s willingness to cooperate and co-parent respectfully.
While California courts do not automatically favor joint custody, shared arrangements are often encouraged when they serve the child’s best interests. However, if there are safety concerns or practical challenges, such as one parent living far away, the court may find that sole physical custody is more appropriate.
Custody arrangements shape how parents share responsibilities legally, emotionally, and practically. Knowing what each type of custody means helps you make informed decisions such as child support obligations, school enrollment and access to educational records, medical decisions and healthcare access, tax claims and dependency exemptions, and relocation requests (for example, if one parent wishes to move away with the child.)
Final Thoughts
At the heart of every custody case is the guiding principle of what is in the best interests of the child. Whether you’re seeking joint custody, requesting a modification, or simply trying to understand your rights, having clear information helps you plan confidently for your child’s future.
If you have questions about custody or need guidance tailored to your family’s situation, the Law Offices of Steven B. Chroman is here to help. Contact our office today at (661)-255-1800 or email office@chromanlaw.com to schedule a consultation.
This post is for informational purposes only and does not constitute legal advice. Please call our office to schedule a consultation at (661)-255-1800.