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2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
At our family law firm, we know that determining physical custody arrangements during separation or divorce is an extremely important yet challenging part of establishing a parenting plan. Here we will dive deeper into common questions around physical custody – what it means, how it differs from legal custody, what factors shape decisions, and how joint physical custody arrangements work. Gaining clarity on these issues is key for parents creating plans in their child’s best interest.
Physical custody refers specifically to the parent that the child will reside with on a regular, day-to-day basis. It determines which parent’s home will serve as the child’s primary residence and who will handle the majority of caregiving duties like getting them ready for school, providing meals, supervising homework, etc. While legal custody designates decision-making authority on major issues, physical custody establishes the daily routines and living situation. Different arrangements like sole physical custody or joint physical custody allocate the actual residential time to be spent between parents. Understanding physical custody is important for figuring out a schedule that provides stability for children.
Legal custody is focused on the legal right and responsibility to make important choices regarding a child’s welfare and upbringing, such as decisions about their education, religious practices, medical treatment, extracurricular activities, and more. Physical custody on the other hand deals specifically with day-to-day supervision and the logistics of where the child will live. Legal custody is about decision-making power, while physical custody is about caregiving duties and ensuring the child has an established place to call home after separation or divorce. Parents can end up with joint legal custody, meaning they share authority in making major decisions about the child’s life. But physical custody often ends up being primary with one parent, since constantly shuffling the child between homes can create instability and disruption in their daily life and routines.
Judges will consider a variety of important factors when designating physical custody arrangements, such as: the prior parenting roles and duties each parent held when still together, the age and developmental needs of the child and which parent may be better suited to meet those needs, each parent’s work schedule and ability to provide consistent daily care, and the strong preference to maintain stability for the child to whatever degree possible. Additionally, judges will often look at aspects like keeping the child in the same school district to maintain their academic and social activities and minimizing disruptions to friendships. The goal is identifying which living situation and parenting schedule allows for the healthiest continuation of the child’s normal routines and relationships.
Physical custody designations ordered by the court can be re-examined and modified down the road if there are significant changes in circumstances that clearly warrant an alteration to the existing arrangement. Major things like one parent deciding to relocate a substantial distance away or serious issues emerging with one parent’s ability to provide a safe and stable environment could justify changes to physical custody. The court’s priority will remain serving the best interests of the child, so major shifts in the child’s needs or family dynamic need to occur before physical custody orders will be revised.
In a joint physical custody arrangement, the parents equally split and alternate blocks of residential time with the child. This allows both parents to be substantively involved in daily parenting roles. However, joint physical custody requires extensive cooperation and coordination between the parents to shuffle the child between two households according to a structured schedule. Issues like school schedules, transportation, vacations and holidays, and decision-making all become more complex. But for parents able to closely collaborate and communicate, joint physical custody provides a way for children to benefit from active involvement of both parents.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
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