Child custody can feel overwhelming, especially when navigating the legal process during a separation or divorce. Two key terms are at the heart of most custody arrangements in California: legal custody and physical custody. Understanding what these terms mean—and how they affect your rights and responsibilities—is essential for any parent going through a custody case.

What Is Legal Custody?

Legal custody refers to a parent’s right to make major decisions on behalf of their child. These decisions can include:

  • Schooling and education choices

  • Medical care and treatment

  • Religious practices

  • General welfare and well-being

There are two primary types of legal custody in California:

  • Sole Legal Custody: One parent holds the exclusive right to make important decisions regarding the child’s life without needing the other parent’s input or approval.

  • Joint Legal Custody: Both parents share responsibility and must communicate and agree on significant decisions. Even if the child primarily lives with one parent, both have equal say in the major aspects of the child’s upbringing.

What Is Physical Custody?

Physical custody relates to where the child lives and how time is shared between the parents. It defines the child’s day-to-day living arrangements and routine.

Types of physical custody include:

  • Sole Physical Custody: The child lives primarily with one parent, while the other parent may receive scheduled visitation or parenting time.

  • Joint Physical Custody: The child splits time between both parents’ homes, allowing for a more balanced presence in both lives. This doesn’t always mean a 50/50 time split, but both parents have substantial time with the child.

How Courts Decide Custody in California

In any custody case, California family courts prioritize the best interests of the child. Several factors are considered when determining custody arrangements, including:

  • The child’s emotional bond with each parent

  • Each parent’s ability to provide a stable and safe environment

  • The child’s school, community, and family ties

  • Any history of domestic violence or substance abuse

Judges aim to create arrangements that support the child’s health, safety, and overall well-being, while also encouraging ongoing contact with both parents—when appropriate.

Why Legal Guidance Matters

Child custody matters are deeply personal and legally complex. Whether you’re pursuing sole custody, working toward a joint arrangement, or facing disputes, having an experienced