In California divorce cases, physical custody refers to the living arrangements for the child and which parent the child primarily resides with. Physical custody can be awarded as either sole or joint custody, and it determines where the child will live on a day-to-day basis. Here’s an explanation of physical custody in California divorce:
- Sole Physical Custody:
- Sole physical custody means that the child resides primarily with one parent, also known as the custodial parent, while the other parent, known as the non-custodial parent, typically has visitation rights or parenting time with the child.
- The custodial parent is responsible for providing the child’s day-to-day care, including housing, food, clothing, transportation, and supervision. The non-custodial parent may have scheduled visitation with the child according to a visitation schedule or parenting plan.
- Joint Physical Custody:
- Joint physical custody means that the child spends significant time living with both parents. This arrangement allows the child to have regular and ongoing contact with both parents and typically involves shared parenting time.
- Joint physical custody does not necessarily mean that the child spends exactly equal time with each parent, but rather that both parents have substantial periods of physical custody. The specific custody schedule can vary depending on the parents’ preferences and the best interests of the child.
Within the framework of physical custody, parents may also create a detailed parenting plan that outlines the specifics of the custody arrangement, including:
- The regular schedule for when the child will be with each parent, including weekdays, weekends, holidays, and school breaks.
- Transportation arrangements for exchanging the child between parents’ homes.
- Procedures for resolving disputes or changes to the custody schedule.
- Protocols for communication between parents regarding the child’s well-being and important issues.
- Any other relevant provisions related to the child’s care, activities, and upbringing.
Physical custody arrangements in California divorce cases are typically determined based on the best interests of the child. If parents cannot reach an agreement on physical custody, the court may intervene and make a decision based on factors such as the child’s relationship with each parent, the child’s age and needs, the parents’ ability to care for the child, and any history of domestic violence or substance abuse. The court’s primary goal is to ensure that the custody arrangement serves the child’s best interests and promotes the child’s health, safety, and welfare.