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What is Joint Custody in California and How is it Different from Sole Custody

Child custody can be one of the most emotionally charged aspects of divorce or separation. It touches on the heart of what it means to be a parent—the ability to guide and care for a child's life.

Parents in California need to understand the difference between joint and sole custody because it directly impacts their relationship with their child and their role in the child's upbringing.

Keep in mind,  the ultimate goal is to serve the child's best interests, something that the courts in California take very seriously.

At Holstrom, Block & Parke, APLC, we have over 300 years of combined experience securing custody arrangements that reflect children's needs and protect clients' parental rights.

What is Legal Custody?

Legal custody refers to the right and responsibility to make major decisions about a child's life. This includes decisions about education, healthcare, religious upbringing, and general welfare.

In California, the courts generally prefer to grant joint legal custody to both parents whenever possible, believing that a child benefits from having both parents involved in these critical decisions.

Joint Legal Custody

In a joint legal custody arrangement, both parents share the decision-making authority regarding their child's welfare.

This means that major decisions, such as which school the child will attend or what kind of medical treatment they will receive, require the agreement of both parents.

Cooperation and communication are key in joint legal custody, as both parents must work together to reach decisions that are in the child's best interest.

Examples of decisions that require mutual consent under joint legal custody include:

  • Healthcare and medical treatment: Choosing the child's primary doctor or consenting to surgeries.
  • Education and extracurricular activities: Deciding on schools, tutoring, or involvement in special programs.
  • Religious upbringing: Determining whether the child will follow a particular religious path or participate in religious ceremonies.

Joint legal custody can be challenging if parents have difficulty agreeing on these issues. Disagreements can lead to delays in important decisions, which is why having a well-drafted parenting plan is essential.

This plan should outline how decisions will be made, the areas of responsibility for each parent, and the consequences of non-compliance.

Sole Legal Custody

Sole legal custody, on the other hand, grants one parent the exclusive authority to make major decisions about the child's life. This arrangement is typically awarded in situations where joint decision-making is impractical or where one parent is deemed unfit due to reasons such as domestic violence, substance abuse, or mental health issues.

In cases of sole legal custody, the parent with custody can make decisions independently without needing to consult the other parent.

This can streamline the decision-making process, but it also means that the other parent has no legal say in these important aspects of the child's life, regardless of their physical custody arrangement.

What is Physical Custody?

Physical custody refers to where the child primarily lives and who is responsible for their day-to-day care. Like legal custody, physical custody can be either joint or sole, depending on what the court deems best for the child.

Joint Physical Custody

In a joint physical custody arrangement, the child spends a significant amount of time living with both parents. The goal of joint physical custody is to ensure that the child maintains a strong relationship with both parents, even though the parents are no longer together.

It's important to note that joint physical custody doesn't necessarily mean a 50/50 split in time. The child might spend slightly more time with one parent than the other, but as long as both parents have a substantial amount of time with the child (typically at least 35% of the time), it is considered joint physical custody under California law.

Joint physical custody allows for a variety of flexible arrangements tailored to fit the needs of the child and the parents.

For example, the child might live with one parent during the week and the other on weekends or alternate weeks between parents.

If parents are unable to agree on a schedule, the court may impose one, although the court's plan may not align with the preferences of either parent.

Sole Physical Custody

Sole physical custody means that the child lives with one parent, who is responsible for the day-to-day care.

The other parent, known as the non-custodial parent, may have visitation rights, which are often outlined in a court-ordered schedule.

In sole physical custody arrangements, the custodial parent has the majority of the physical time with the child.

The percentage of time the child spends with each parent is also a key factor in calculating child support obligations, with the parent who has the child for less time typically required to pay support to the other parent.

Key Differences Between Joint and Sole Custody

To understand the differences between joint and sole custody, it is helpful to compare different aspects of each one.

Aspect Joint Custody Sole Custody
Decision-Making Both parents share responsibility for major decisions affecting the child's life, requiring cooperation and communication. One parent has exclusive decision-making authority without input from the other parent.
Living Arrangements The child spends significant time with both parents, though not necessarily in an equal split. Flexible schedules are possible. The child primarily lives with one parent, with the other parent typically having scheduled visitation.
Parental Involvement Encourages active involvement from both parents in the child's life, fostering a balanced relationship. Can limit the involvement of the noncustodial parent.

As illustrated in the table, the type of custody arrangement can significantly impact decision-making, living arrangements, and the level of parental involvement in a child’s life.

Factors Considered by the Court

In California, the child's well-being is the court's primary concern when determining custody arrangements. Several factors are considered, including:

  • The Child's Age, Safety, Health, and General Welfare: Younger children may have different needs than older children, and the court will consider which parent is better able to meet these needs.
  • The Nature of Contact and Time Spent with Each Parent: The court evaluates how much time each parent has spent with the child and the quality of that contact.
  • The Child's Connection to Their Community and School: Stability in the child's environment is vital, and the court will consider how a custody arrangement might affect the child's schooling and social life.
  • Each Parent's Ability to Care for the Child: This includes the parent's physical and mental health, their ability to provide a safe and nurturing environment, and their willingness to support the child's relationship with the other parent.
  • Whether Either Parent Has an Ongoing Substance Abuse Disorder: The court takes substance abuse seriously and will consider whether it impacts the parent's ability to care for the child.
  • Whether Either Parent Has a History of Abuse: Any history of abuse against the child, the co-parent, or anyone in the co-parent's household is a critical factor that can sway the court's decision.

The Importance of Legal Counsel

Navigating child custody decisions can be one of the most challenging aspects of a divorce or separation. The outcome of these decisions can have a profound and lasting impact on both the child's well-being and the parent’s lives. That's why it's important to have experienced legal counsel to guide you through the process.

At Holstrom, Block & Parke, APLC, we are committed to helping you secure the best possible custody arrangement for your child.

Our team of Certified Family Law Specialists and associates understands the intricacies of California's custody laws. We can advocate for your rights while ensuring that your child's best interests are always at the forefront.

If you're facing a child custody issue in California, don't hesitate to reach out. Call us today at (855) 939-9111 or contact us online at https://hbplaw.com/contact/ to schedule a consultation.

Kristen A. Holstrom

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