There are different types of child custody orders a judge may grant.
- Legal Custody: Legal custody refers to whether you, the other parent, or both have the right and responsibility to make important decisions about your child’s health, education, and welfare. There are two types of legal custody orders:
- Sole Legal Custody as defined in Family Code Section 3006. A sole legal custody order means “one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” Thus, either you or the other parent has the exclusive right to make all the important decisions relating to health, education, and welfare of a child.” If you are awarded sole legal custody, it gives you the exclusive right to make all the important decisions regarding your child such as where your child attends school, what religion your child will practice, medical decisions, travel plans and residence.
- Joint Legal Custody as defined in Family Code Section 3003. A joint legal custody means “both parents shall share the right and responsibility to make the decisions relating to the health, education and welfare of a child.” This would allow both parents to make decisions mutually and jointly.
In the vast majority of cases, courts prefer to grant joint legal custody orders to allow you and the other parent to be involved in your child’s life, and to give you and the other parent equal input and influence in the important decisions regarding your child’s health, education and welfare. In some cases, the court will decide that you or the other parent should not be granted joint legal custody. This is often the case when either you or the other parent is incarcerated, has a history of serious mental health issues, has a history of domestic violence or for any other reason the judge feels you or the other parent should not be making decisions as to your child’s health, education and welfare.
- Physical Custody: Physical Custody refers to which parent the child will reside with. There are two types of physical custody orders.
- Primary Physical Custody as defined in Family Code Section 3007: A sole physical custody arrangement means “the child will reside with and be under the supervision of one parent, subject to the power of the court to order visitation.” Thus, your child will live with a custodial parent, which could be you or the other parent. If you have primary physical custody, the other parent will likely be granted visitation rights.
- Joint Physical Custody as defined in Family Code Section: A joint physical custody arrangement means “that each parent shall have significant periods of physical custody.” This shall ensure your child will have frequent and continuous visitation with both parents.