When dealing with custodial and visitation orders with the parent of your child, one can get confused with legal terms and their meanings.  Not to worry, Wallin & Klarich has prepared a brief guide for these terms.

• “Legal Custody” refers to having the right and responsibility to make decisions relating to the health, education and welfare of the child.

  

• “Physical Custody” refers to where the child will reside and be under supervision of a parent.
• Sole Custody Orders.
  • “Exclusive Custody”—An exclusive custody order gives one parent primary physical control of the child, with the right to make decisions regard the child’s residence, health, education and welfare.
  • “Sole Physical Custody”—In a sole physical custody order, the child resides with and is supervised by one parent, subject to the other parent’s visitation rights. [Family Code Section 3007]
  • “Sole Legal Custody”—In a sole legal custody order, only one parent shall have the exclusive right and responsibility to make decisions relating to the child’s health, education and welfare. [Family Code Section 3006]
  • “Primary Custody”—This term in not defined by theCaliforniaFamily Code, but is widely use by the California Superior Court system in child custody visitation orders.  Primary custody means that one parent has physical custody of the child significantly more than the other parent. Generally the parent who is awarded primary physical has the child residing with him and her, while the other parent is given visitation with the child.
• Joint Custody Orders
  • “Pure Joint Custody”—Under this kind of order, neither parent has sole physical or sole legal custody.  Both parents have authority to control and supervise the child, and the child’s physical presence is shared. [Family Code Section 3002]
  • “Joint Legal Custody”—In a joint legal custody order, both parents share the right and responsibility to make decision regarding the child’s health, education and welfare. [Family Code Section 3003]
  • “Joint Physical Custody”—In a joint physical custody order means that each parent has significant periods of physical custody. Physical custody must be shared in such a way as to assure the child frequent and continuing contact with both parents. [Family Code Section 3004]

Custodial and visitation arrangements are always created in the best interests of the child. In trying to make custody and visitation arrangements with the parent of your child or having to ask for a court order, it is important to meet with an experienced attorney for guidance—Wallin & Klarich is here to help! You can speak with one of our family law attorneys at (888) 749-7428 without a financial obligation.