- When a California court decides custody arrangements it must assess the individual factors of each case. The court, for example, will consider what is in the best interest of the child by looking at a variety of issues, including any history of abuse, whether a parent is a registered sex offender or is or has been addicted to drugs or alcohol, the stability of the environment, the wishes of the child and whether making a custody order will require separating siblings.
- Legal custody gives the custodial parent the right to make decisions about the upbringing of the child. This means the parent with legal custody can decide where the child will attend school, where the child will live, the medical treatment the child will receive and what religion the child will practice.
- The child will live with the parent with physical custody. The other parent may receive visitation if awarded by the court. In some circumstances, if the parents live close to each other and it is in the best interest of the child, a California court may award joint physical custody. The child, therefore, will have frequent and continuing contact with both parents. In this case, the child, for example, may live with one parent for three days and the other parent for four days.
- Sole legal or physical custody entitles the custodial parent to make all decisions regarding the child. This includes making decision related to the child's residence, health, education and welfare. The noncustodial parent only has visitation rights if granted by a California family court judge.
- If parents share joint legal and physical custody of the child, the parents will make joint decisions regarding the child's residence, health, education and welfare. Joint physical custody does not necessarily mean the parents will split physical custody equally. The child, for example, may spend more time with the parent that is the primary caretaker. In California joint physical custody encourages frequent and continued contact with both parents.