When physical custody is awarded to a parent, it means that the parent has won the right to have the child live in his or her home. Physical custody comes with a lot of day-to-day responsibility for the parent, such as deciding what to eat for meals, everyday discipline, and waking/sleeping hours. California courts will often order joint physical custody so that the children spend approximately half of their time at each parent's home. This can be a successful relationship to create and maintain if the parents are amicable and respectful, as well as living in the same area. This lessens the stress on the children and allows them to maintain a somewhat normal routine.

It is important to remember that both the mother and the father of a minor child are equally entitled to the custody of the child. If one parent dies, refuses to, or cannot take custody, the other parent is entitled to custody of the child. If one parent abandons the child, the other parent is entitled to custody of the child.

While the state clearly intends to do what is in the best interests of the child, it does not have many hard and fast rules regarding physical custody. The ultimate outcome lies in the hands of the judge, who may have a difficult time determining what the best thing to do is. However, only a small percentage of child custody disputes are actually decided in a courtroom. There are certain red flags that can guarantee custody for a parent, but most issues fall under a gray area. These factors affect the judge's decision, along with the presented arguments and evidence.

Custody issues must be dealt with on a personal and individual basis and often involve:

• The primary physical custody of the children. This determines where the children will live most of the time.
• The rights and opportunities of children and parents to spend time with one another.
• The rights and opportunities of children and non-parent relatives (grandparents, cousins, aunts, uncles, etc.) to spend time with one another.
• Children's friendships.
• Schooling.
• Before- and after-school activities.
• Visitation rates.
• Travel and travel expense responsibilities.
• Restrictions and permissions for travel.

Moschetti Family Law can help you through this difficult time. We are committed to helping individuals with the transition and ensuring they have the fair and equitable resolution, while looking out for the best interests of the children. Call us at (415) 399-0970 or contact us online.

Articles

The Move-Away Dilemma

Cases

In re Marriage of Rose & Richardson (2002) 102 CA4th 941
In re Marriage of Lasich (2002) 99 CA4th 702
In re Marriage of Burgess (1996) 13 C4th 25
Brody v. Kroll (1996) 45 CA4th 1732

Codes

Family Code §3004
Family Code §3011
Family Code §3020
Family Code §3046