What is primary physical custody in California?

Primary Physical Custody (Cal. Fam. Code § 3007): A sole physical custody arrangement means “the child will reside with and be under the supervision of one parent, subject to the power of the court to order visitation.” Thus, your child will live with a custodial parent, which could be you or the other parent.

What does primary residence mean in child custody?

Primary residence is where the child lives the majority of the time. The parent with whom the child primarily resides is usually the parent to receive child support from the other parent. In shared custody cases, the child may have two primary residences.

What is considered primary parent?

A parent who is granted physical custody rights are physically present with the child, at the child’s residence. A primary custodial parent definition under family laws would be the parent who spends the majority of the time with the child, and is said to have primary physical custody.

What is the difference between primary and physical custody?

When you ask, “what is primary custody?” you are looking at the difference between the two types of physical custody. Joint physical custody means that the child spends roughly half their time with each parent. Primary custody is where a child spends more than 61 percent of the time with one parent.

What does it mean to be a primary residential parent?

Designation of “primary residential parent” pertains to where the children reside more of the time (physical custody rather than legal custody). As discussed by the attorney above, the designation of primary residential parent does not determine who makes legal decisions.

What makes a parent a primary custodial parent?

A parent who is granted physical custody rights are physically present with the child, at the child’s residence. A primary custodial parent definition under family laws would be the parent who spends the majority of the time with the child, and is said to have primary physical custody.

Who is the primary parent of a child?

A primary residential parent is the parent with whom the child or children reside. This parent may make day to day decisions but cannot alone make any major decisions concerning the child(ren) unless that parent has sole legal custody.

Can a parent have custody of a child in California?

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.