Physical custody involves the day-to-day care of a child and where a child will live when parents divorce or separate. Physical custody is very different than legal custody. Therefore, it is important for the parent to distinguish between physical custody and legal custody prior to making a request for physical custody to know what physical custody fully entails. For a legal definition of physical custody, you will want to consult an attorney in your area to learn about physical custody.
Although this is not a legal definition of physical custody, in general, the parent with physical custody has the right to have his/her child live with him/her. If a child lives primarily with one parent, that parent is said to be the custodial parent with full physical custody or sole physical custody. The other parent would be considered the non-custodial parent and would typically have visitation rights to his/her child. If a child lives equally or close to half the time with each of his/her parents as part of a child custody and visitation parenting schedule or court order, the parents are typically said to have joint physical custody. In some joint physical custody arrangements a parent that has more time with the child may be denoted as having primary physical custody of his/her child while the other parent has secondary physical custody or visitation rights.
Joint Physical Custody
Parents who have joint physical custody will generally have frequent and continuous contact with the child. In other words, if the parents have joint physical custody the child will live a significant amount of time with each parent. According to the California Family Code section 3004, "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, subject to Sections 3011 and 3020."
Sole Physical Custody
If a parent has sole physical custody the child will live with that parent and may visit the other parent. Sole physical custody can be awarded to a parent when the other parent is deemed unfit to have physical custody of the child. According to the California Family Code section 3007, "sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation."
Primary Physical Custody
Primary physical custody is a term that is often used to denote the parent with whom a child spends or lives the great majority of time with. It is a term that is often used in cases where parents are awarded joint physical custody and one parent has slightly more time than the other. In states where there is no statutory language to define the legal meaning of primary physical custody can create confusion with its interpretation, particularly in "move-away cases."