What are the basics of child custody?

Parents naturally want to be part of their children’s lives as they grow up. However, divorcing parents often fear that they will lose out on some of their children’s best years — especially if their co-parent is threatening to take all the custody rights. However, anxious parents can find reassurance by learning more about California child custody laws. 

There are a few basic concepts around child custody that can help parents understand how custody is decided and what rights they have, such as custody types, arrangements and scheduling. Here is what you should know:

What are legal and physical custody?

There are two types of custody: legal and physical custody. These types of custody determine the following:

• Legal custody: Parents can be given the right to decide what is best for their child’s upbringing. For example, a parent with legal custody could decide whether their child goes to public or private school or receives their education through homeschooling. Or, a parent may decide that their child would undergo surgery to treat a medical illness. 
• Physical custody: Parents would have the responsibility to tend to their child’s daily needs, including providing shelter, food, clothing and health care. Parents with physical custody can arrange living situations. 

Generally speaking, the courts tend to favor keeping both parents involved in their children’s lives.

What are sole and joint custody arrangements?

Both physical and legal custody can be divided up in different ways:

• Joint custody: With this arrangement, both parents share legal and physical custody rights. They can work together to arrange a daily custody schedule and decide what is best for their child. 
• Sole custody: This is when one parent has full custody rights, making them entirely responsible for their child’s care. Even in this situation, it is not unusual for the other parent to retain at least some visitation rights, even if they are limited.

It is usually preferable for parents to work together to agree on a plan that is best for their children, whenever possible.

What is a child’s best interests? 

If parents cannot decide on a custody arrangement, the court will intervene and decide on an arrangement depending on a child’s best interests. A child’s best interests refer to the prioritization of a child’s well-being and needs. A few factors that can decide the best interests of a child, including each parent’s earning capacity, mental health and the stability of the home life they can provide the child, for example.

Parents can learn more about key topics to discuss during a divorce by reaching out for legal guidance.