Joint Custody and Visitation

 When people think of custody, they usually only think of where the child(ren) reside.  However, there are two types of custody:  Legal Custody and Physical Custody.
Family Code, §3002, states “Joint Custody means joint physical custody and joint legal custody”.
According to California Family Code, §3003, Joint Legal Custody means that “both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.”  Meaning, both parents share in the decision-making process with regards to the school their child(ren) attend, enrollment in extracurricular activities, religious practices or events, and medical treatment to name a few.
Joint Physical custody is defined in Family Code, §3004, which states “Joint physical custody” means that each of the parents shall have significant periods of physical custody.  Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents…”  To be clear, this code does NOT say both parents will have equal physical custody.  The Family Code is not meant to dictate a specific amount of time spent with each parent; instead, the parents should attempt to reach a custody agreement which creates a stable schedule for the child(ren).  When crafting a custody agreement, parties should be cognizant to specify pick-up and drop-off times, school and work holidays as well as planned vacations so future questions or disputes are minimized.
Typically, the courts in California tend to lean towards granting the parties joint legal and physical custody.  Meaning, the parties have to work together in making decisions regarding the child(ren) (joint legal custody) but does not necessarily mean that the parties each have the same amount of time with the child(ren) (joint physical custody).  While this may seem to be a semantic difference, it carries significant ramifications and can often be the source of tremendous contention between the parties.  In the event a custody dispute arises, an experienced attorney can help negotiate an agreement which protects the child(ren) and secures parental involvement.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.