CUSTODY AND VISITATION:

In California, the court's primary concern in making a legal and/or physical custody order is the child's health, safety and welfare, which includes freedom from child abuse and domestic violence in the child's home.

With that in mind, the court can award joint or sole legal and physical custody.

WHAT IS LEGAL CUSTODY?

Legal custody refers to parents' ability to make important decisions regarding their child, including health care, education, religious activities, travel, child care and residence. Parents can have

Joint legal custody where both parents are authorized to make decisions or
Sole legal custody can be awarded to one parent.

WHAT IS PHYSICAL CUSTODY?

Physical custody refers to the amount of time each parent will spend with the child. This is a major source of contention between parents. Both parents want to spend as much time with their child but must come to realize that the other parent also has equal right to spend time with the child.

Parents can share physical custody, which is called "joint physical custody". Joint physical custody means each child will have frequent and continuing contact with both parents. The parents actual time-share will not be 50 percent as it would be difficult to allocate exact days and hours to each parent.