What does it mean when you have physical custody of a child?
What does it mean when you have physical custody of a child?
Physical custody encompasses where the child lives and who cares for them. Sole physical custody (also called sole residential custody, sole parenting time, etc.) means that your child lives with one parent, called the custodial or residential parent. The alternative to sole physical custody is joint physical custody.
How does joint custody work in California?
With joint legal custody both parents have the right to make decisions and either parent can make a decision alone. But to avoid having problems and ending up back in court, both parents should communicate with each other and cooperate in making decisions together.
What are the benefits of primary physical custody?
Some of the key benefits include: The children reside in one primary location, so there is no need to ferry their belongings back and forth between two residences. In many cases, the children are able to continue living in the same location where they resided prior to the divorce or separation.
Can I move out of state if I have primary physical custody?
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.
Is primary physical custody the same as full custody?
Yes, primary physical custody is the same as full physical custody. However, legal custody, which is about which parent makes the major decisions, is different than physical custody, which is about how much time the child spends with each parent. Therefore, a parent can have sole physical and shared legal custody.
Does physical custody mean full custody?
When a court gives a parent sole custody, the parent is given exclusive physical and legal custody of the child.
Who usually gets physical custody?
Fathers – Who is More Likely to Get Custody? Most states provide that custody of children ages five or under be awarded to the biological mother when the parents separate or divorce. In some states this is commonly known as the “tender years” doctrine.
