What is the difference between legal custody and physical custody?
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What is the difference between legal custody and physical custody?
Physical custody refers to where the children physically live. Legal custody refers to the authority to make decisions for a child, such as: Where a child should attend school.
What does sole physical custody mean in California?
Sole custody is when the child lives with one parent exclusively and that parent has legal and physical custody of a child. One parent maintains the power to make all the pertinent decisions regarding the child’s upbringing and welfare. Though you can petition for this, most courts avoid it if possible.
What are the benefits of primary physical custody?
Primary physical custody carries a significant advantage because it results in more time with the children and increases the odds of a higher child support support order. But the children’s best interest should always be the primary concern, and a fair support amount should flow from that parenting arrangement.
Is primary physical custody the same as sole custody?
Simply stated, primary physical custody means that one parent is more responsible for caring for any child or children in the family. Sole physical custody means that the child lives with only one parent. The other parent may or may not have visitation rights.
How can I lose custody in California?
Common Reasons to Lose Custody in a California Child Custody Dispute
- Child Abduction.
- Child Abuse.
- Domestic Violence.
- Criminal Conviction.
- Substance Abuse.
- Refusal to Co-Parent.
How often do mothers win custody?
Across a wide range of jurisdictions the estimates are that mothers receive primary custody 68-88% of the time, fathers receive primary custody 8-14%, and equal residential custody is awarded in only 2-6% of the cases.
Why do moms always get custody?
Because so much modern child bearing is non-marital, and because mothers of such children are much more likely to have a substantial relationship with their children than are such fathers, mothers of children born out of wedlock are more likely to be awarded custody.
Do courts side with mothers?
If a judge sees that the parties are able to co-parent, and both agree to share parental responsibilities, the court often awards legal and physical custody to them both. It is not that California favors mothers, however it is very common for mothers to be the primary parent.
