Physical custody plays a crucial role in determining your child’s living arrangements post-divorce. It is important to approach this aspect of your divorce with sensitivity and consideration for your child’s well-being. By working together with your ex-spouse and putting your child’s needs first, you can create a custody arrangement that provides stability and support for your child during this challenging time.

What is Physical Custody?

Physical custody refers to the responsibility of caring for and providing a home for your child after a divorce. It involves the day-to-day care and supervision of your child, as well as making decisions about their daily routine and well-being.

During a divorce, you and your spouse will need to decide on a custody arrangement, which will determine where your child will live and who will have physical custody. This decision is typically made based on the best interests of the child, taking into consideration factors such as the child’s age, relationship with each parent, and stability of each parent’s home environment.

Types of Custody Arrangements

When determining physical custody, there are two main types to consider: sole custody and joint custody. In a sole custody arrangement, one parent has primary physical custody of the children, while the other parent typically has visitation rights. This type of custody arrangement is often granted when one parent is deemed to be unfit or unable to provide a suitable living environment for the children.

Joint custody involves both parents sharing physical custody of the children, with the children splitting their time between each parent’s home. Joint custody can be a great option for parents who are able to cooperate and communicate effectively for the well-being of their children.

Physical custody can take several forms depending on the specific circumstances of your situation. In some cases, one parent may have sole physical custody, meaning that the child resides with that parent most of the time. The other parent may have visitation rights, allowing them to spend time with the child on a regular basis.

In other cases, parents may have joint physical custody, where the child lives with both parents for an equal or near-equal amount of time. This type of arrangement requires a high level of cooperation and communication between you and your ex-spouse to ensure a smooth transition for your child between households.

Physical Custody vs. Legal Custody

It is important to remember that physical custody is separate from legal custody, which refers to the right to make decisions about your child’s upbringing, including matters such as education, healthcare, and religion. In some cases, one parent may have sole physical custody while both parents share legal custody, allowing them to make joint decisions about the child’s welfare.

Addressing Physical Custody Through the Court System

Establishing custody rights requires legal action, which means you should discuss your case with a lawyer before doing anything. A family law attorney can help you file for custody and other legal actions that you need to protect your family. Schedule a consultation with the Law Offices of Bradley D. Bayan by calling (650) 364-3600 or using our online form for legal assistance involving custody and family law concerns.