Child Custody – Different Types of Child Custody Arrangements  California Family Code Sections 3006 & 3007

There are several different ways the courts can determine child custody in California. Depending on your California child custody lawyer, and one of the following outcomes could result in your child custody hearing.

Sole Custody
If a parent is granted sole custody it means that they have exclusive legal and physical custody rights with regards to the child or children. The parent granted sole custody is considered the custodial parent, and the child will live with that parent. This also means that the custodial parent is empowered to make all decisions regarding the child’s health, education and welfare.

When it comes to child custody in California, sole custody is rarely granted by the courts. It is typically limited to situations in which one parent has been deemed incapable of caring for the child, or a detriment to the child’s wellbeing. Some examples that would lead the courts to granting sole custody is if one of the parents has a history of drug or alcohol abuse. Although a parent may be denied access to the child in a sole custody situation, the court may still grant supervised visits for the non-custodial parent.

Sole Physical Custody – Family Code Section 3007
There is a specific distinction between sole physical custody and sole custody. For more details, you should confer with your Orange County child support lawyer. But in short, under this arrangement, the child will live with the custodial parent. However, the custodial parent does not have sole decision making power with regards to the child’s health, education and welfare.

Sole Legal Custody – Family Code Section 3006
Similar to sole physical custody, sole legal custody has one major distinction from sole custody. In these instances, one parent is granted the sole right to make all major decisions regarding the general wellbeing of the child. But in these instances, the custodial parent does not have an exclusive say in the child’s residency and care. Physical custody is shared between the parents, and is typically divided based on a custody/visitation schedule.

Joint Custody – Family Code Section 3002
This arrangement is exactly how it sounds. Neither parent is granted exclusive physical or legal custody rights. Both parents have the authority to make decisions regarding the child’s care, and both share physical access to the child. Joint custody can include any division of time. Time with the child can be divided 50/50 or even 80/20, and each scenario is handled on a case by case basis. This is why it is important to consult a California child custody lawyer to ensure you get to spend as much time with your child as possible.

Joint Legal Custody – Family Code Section 3003
Joint legal custody is slightly more complicated than joint custody. In addition to sharing physical custody and the right to make decisions about the child’s wellbeing, both parents also have a say in other matters that affect the child. For example, the extracurricular activities that the child will participate in, methods of discipline or even what age is appropriate for the child to start dating. If the parents are unable to reach an agreement in these matters, most joint custody orders specify that the parents seek mediation.

Joint Physical Custody – Family Code Section 3004
Under this arrangement, both parents enjoy designated periods of physical time with the child. The main issue in these types of arrangements is figuring out how much time the child will spend with each parent. It is important to understand that joint physical custody does not mean an equal split of time for both parents. Scheduling can be flexible, but the most important factor is that the child maintains frequent and continuing contact with both parents.

Guardianship
In rare cases, the court may determine that neither parent is fit to care for the child. In these situations, custody can be granted to a third party. That third party can either be the State or a guardian, who will have exclusive responsibility for the care and control of the child (Family Code Section 3041). In these instances, the visitation rights of the parents would limited, or even possible terminated completely depending on the circumstances.