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When you begin to research family law, you will immediately encounter a new and confusing vocabulary. The two most important terms you must understand are "legal custody" and "physical custody." These terms are not interchangeable, and the court in Santa Ana will make separate orders for each. A judge can award custody as "sole" or "joint" for both categories. When you are searching for the best family law attorney in Santa Ana, you are looking for an expert who can build a strategy to achieve your specific goals for both. A dedicated family law firm like JOS FAMILY LAW can help you navigate these critical definitions.
First, let's define "Legal Custody." This has nothing to do with where your child lives. Legal custody is the right and responsibility to make the major, long-term decisions about your child's life. These decisions fall into three main categories: health, education, and welfare. This includes:
• Choosing the child's doctors and approving medical or dental treatments.
• Deciding which school or daycare the child will attend.
• Making decisions about the child's religious upbringing.
• Authorizing activities like obtaining a driver's license or enlisting in the military.
In California, the courts have a strong preference for joint legal custody. This means both parents share the right to make these decisions. The court believes it is in the child's best interest to have both parents involved. "Sole legal custody" is rare and generally only ordered in extreme cases where one parent is proven to be unfit, absent, or has a history of domestic violence that makes co-parenting and shared decision-making impossible or dangerous.
Second, we have "Physical Custody." This is what most people think of as "custody." It refers to where the child lives and who is responsible for their day-to-day care and supervision. Like legal custody, this can be "sole" or "joint."
• Sole physical custody means the child resides primarily with one parent (the "custodial parent"), and the other parent (the "non-custodial parent") has a set schedule of visitation, also known as "parenting time."
• Joint physical custody means the child spends significant periods of time with both parents. It is a common misconception that "joint" automatically means a perfect 50/50 split. A schedule where one parent has the child 40% of the time and the other has 60% can still be legally defined as joint physical custody. The goal is for the child to maintain "frequent and continuing contact" with both parents.
It is very common for a Santa Ana court to order joint legal custody (so both parents make decisions) but sole physical custody to one parent with a generous visitation schedule for the other.
A skilled attorney will help you understand that your ultimate goal is to create a detailed "Parenting Plan." This is the legal document that puts these orders into practice. It is the roadmap for your co-parenting future, and it will specify the exact schedule for weekdays, weekends, holidays, and vacations.
Understanding this terminology is the first step to protecting your rights. You are not just fighting for "custody"; you are fighting for a specific combination of legal and physical custody that serves your child's best interests.
To build a clear strategy for the parenting plan you and your children deserve, contact the experienced team at JOS Family Law