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Physical and Legal Custody

Difference Between Physical and Legal Custody in California


Custody is often separated into two very distinct areas.  These areas are Physical Custody and Legal Custody.  They are separated because they are different concepts or issues.

Physical Custody


Physical Custody is related to where the children will live.  It is about which parent will have actual physical custody of the children.

Physical Custody can be granted to a single parent as Sole Physical Custody or Joint Physical Custody can be granted to both parties.

With Sole Custody, it does not mean that the parent without custody does not see their kids.  Short of issues with physical, emotional, or substance abuse, the non-custodial parent is granted parenting time, also called visitation. This enables the parent to be able to spend a certain amount of time during the week, on weekends, for holidays, and for vacation time with their children even though the kids do not officially live with that parent.

With Joint Physical Custody, both parents are entitled to significant periods of time with their kids.  The total time would be as close to equal as possible under varying circumstances, such as school, extra-circular activities, and summer activities.

Legal Custody

Legal Custody has to do with who is able to make legal decisions for the kids related to health, education, religion, and the overall welfare of the child.

As with Physical Custody, this can be granted to one parent as Sole Legal Custody or to both parents as Joint Legal Custody.
As these two things are different, if a parent has sole physical custody, that does not mean they will have sole legal custody.  It is often the case where physical custody is granted to one parent with legal custody being granted jointly.

Tracy Duell-Cazes is a certified family law specialist, recognized and licensed by the California State Bar and has held this certification since 2002.  Tracy is well-versed in the areas of physical and legal custody and will work with you to ensure that each of these areas, as well as parenting time, if applicable, is granted in a way that is acceptable to you and all involved.  Tracy works in all areas of family law and is available for a free consultation.  Call our office at 408-267-8484.

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www.TDCFAMILYLAW.COM


Santa Clara County/San Mateo County San Jose, Santa Clara, Cupertino, Los Altos, Sunnyvale, Los Gatos, Monte Sereno, Saratoga, Palo Alto, Morgan Hill, Gilroy, Redwood City


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  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
  • Resources
  • Contact