What does custody mean?

“Custody” is the legal right to care for and make decisions about a child.[2341] A judge will make an order deciding who has custody of a child, whether it is one parent, both parents, or in special circumstances, another caregiver.[2342] There are two types of custody that a judge can make decisions about: (1) physical custody and (2) legal custody.[2343] A parent or caregiver can have both physical custody AND legal custody (as parents often do), or just one of these forms of custody.[2344] Other terms like “joint custody” or “joint physical custody” mean that both parents share in their parenting responsibilities.[2345] When a parent has “sole legal custody” this means that only one parent has the ability to make decisions about a child.[2346]

THIS CHART EXPLAINS THE DIFFERENT TYPES OF CUSTODY ARRANGEMENTS THAT A PERSON CAN HAVE THROUGH A COURT:

TYPES AND MEANINGS OF CUSTODY

PHYSICAL CUSTODY TYPES AND MEANING
LEGAL CUSTODY TYPES AND MEANING

SOLE PHYSICAL CUSTODY: Your child lives with you full time (although the other parent or caregiver may have visitation rights). You, and only you, are responsible for your child’s daily care and supervision.

NOTE: It’s very common for one parent/caregiver to have both sole physical custody and sole legal custody.

SOLE LEGAL CUSTODY: You, and only you, are the person who can make important decisions about your child’s health, education, and well being.

NOTE: It’s very common for one parent/caregiver to have both sole physical custody and sole legal custody.

JOINT PHYSICAL CUSTODY: Your child lives with you part of the time, and with the other parent (or caregiver) part of the time. You are responsible for your child’s care and supervision when s/he is with you, and someone else is responsible for your child’s care when the child is with him/her.

Joint physical custody does not necessarily mean there is an equal 50/50 split in time between parents (or caregivers); it could be that the child spends more time with one parent than the other. This is still joint custody.

JOINT LEGAL CUSTODY: You and the other parent (or caregiver) share the right to make important decisions about your child. It is possible for the judge to give the parents joint legal custody, but still give one parent complete power to make certain types of decisions alone, and have both parents share responsibilities for other types of decisions.

An important note: Even when both parents have the right to make decisions about the child, they do not have to agree on every decision. Either parent can make the decision alone, and they have an independent right to do so.[2347]

  1. 2341

    See Judicial Council of Cal., Basics of Custody & Visitation Orders, http://www.courts.ca.gov/17975.htm.

  2. 2342

    See Judicial Council of Cal., Basics of Custody & Visitation Orders, http://www.courts.ca.gov/17975.htm.

  3. 2343

    See Judicial Council of Cal., Basics of Custody & Visitation Orders, http://www.courts.ca.gov/17975.htm.

  4. 2344

    Cal. Fam. Code § 3000 - 3007.

  5. 2345

    Cal. Fam. Code § 3002 - 3003.

  6. 2346

    Cal. Fam. Code § 3006.

  7. 2347

    Cal. Fam. Code § 3083.