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When the court issues a custody order, it will address these two parts of custody:
Physical custody is the physical care and supervision of a child under 18 years of age. In other words, it addresses who the child will live with on a day-to-day basis.
Legal custody is the right to make major decisions about your child, like where your child goes to school, what kind of health care s/he receives, or what kind of religious training s/he attends.1
1 See Cal.Fam.Code §§ 3002-3007
What is sole custody?
Sole custody means that you don’t share custody with anyone else. When each parent wants sole custody, one of the factors the judge will consider is which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent.1
Sole legal custody is when only one of the parents has the right and responsibility to make major decisions concerning the child relating to the health, education, and welfare of a child.2 You do not have to discuss your decisions with the other parent.
Sole physical custody is when only one parent is responsible for the physical care and supervision of the child.3 The non-custodial parent usually will have visitation privileges.
1 Ann.Cal.Fam.Code § 3040(a)(1)
2 Ann.Cal.Fam.Code § 3006
3 Ann.Cal.Fam.Code § 3007
What is joint custody?
Joint custody means you share custody with the other parent. In California, there is not a preference for joint custody as there is in some other states.1
Joint legal custody is when both parents have equal rights and responsibilities for major decisions concerning the child.2 These decisions include the education, religious training, counseling, health care, extracurricular activities, as well as where the child will live. The court may assign one parent to have sole power to make certain decisions and may give both parents equal rights and responsibilities for other decisions.
Joint physical custody is when custody is shared in a way that gives both parents frequent and substantial contact with the child.3 It does not necessarily mean that the child spends half of the time with each parent. Instead, the child spends blocks of time with each of the parents, who share the right and responsibility to raise the child in their homes. Each parent has more than simple visitation privileges.
1 Ann.Cal.Fam.Code § 3040(e)
2 Ann.Cal.Fam.Code § 3003
3 Ann.Cal.Fam.Code § 3004
What are some pros and cons of getting a custody order?
There are many reasons people choose not to file for custody. Some people decide not to get a custody order because they don’t want to get the courts involved. Some parents make an informal agreement that works well for them. Some parents fear that starting a court case will provoke the other parent. They may fear that the other parent will fight for more custody or visits than they are comfortable with.
Even if the other parent is uninvolved with the child now, s/he may become involved when a case is filed in court. Also, if the other parent fights for custody, the case may drag on for a long time. This can be emotionally and financially draining. When you are in court for custody, the judge will look into many aspects of your personal life. For example, the judge may look into your mental health, criminal record, substance abuse issues, and relationships. You may prefer to keep these things private.
On the other hand, getting a custody order from a court can set out what legal rights each of the parents have, which can be a benefit. A custody order can give you the legal rights to make decisions about your child and have your child live with you. Without an order, both parents may share these legal rights, even if one parent takes care of the child daily. However, if you file for custody, the other parent may also request these rights. If you and the other parent don’t agree, the judge will decide what custody arrangement is best for the child.
We strongly recommend that you get advice from a local lawyer. A lawyer can help you decide if filing for custody is best for you based on the facts of your situation. You can find legal help by going to our CA Finding a Lawyer page.
Should I start a court case to ask for supervised visitation?
If you’re worried about leaving your child alone with the abuser, you might think about asking a judge to order supervised visits. Supervised visits could be as lenient as having someone else there during the visits to “keep an eye” on things, or it could be as strict as having a professional appointed to observe and report back on the interaction between your child and the other parent. If you are already in court because the abuser filed for visitation or custody, it might be worth asking for supervised visits if you have a good reason. It depends on your situation.
However, if there is no court case going on now, it’s a good idea to talk to a lawyer before you start a case to ask for supervised visits. A custody lawyer in your area can explain what you need to prove to get supervised visits and how long they might last based on what is happening in your case.
Usually, supervised visits are only ordered for a short time but this may be different depending on where you live and who your judge is. The judge might order a professional to watch the visits, or a relative or other person known to either parent might volunteer to be the supervisor. If the supervisor doesn’t report any big problems back to the judge, the visits might become unsupervised. At the end of a case, the other parent might get more frequent and longer visits than s/he had before you went into court or even some form of custody.
If your child is in immediate danger from the abuser, you may need to start a case to ask for custody and supervised visits to protect your child. To find out what is best for your situation, you can look for legal advice using our CA Finding a Lawyer page.
