Legal Custody
Legal Custody is the right and responsibility to make decisions relating to the child's health, education and welfare. An exclusive custody order gives one parent primary physical control of the child (physical custody), with the right to make decisions regarding the child's residence, health, education and welfare (legal custody). The noncustodial parent will have secondary visitation rights as ordered by the court and varying based on individual circumstances.
Pursuant to Family Code Section 3002, under a “pure” joint custody plan, neither parent has sole physical or legal custody; both have authority to control and supervise the child, and the child's physical presence is shared.
Pursuant to Family Code Section 3003, joint legal custody means that both parents share the right and responsibility to make decisions regarding the child's health, education and welfare.
By the same token, joint legal custody may be granted without granting joint physical custody. In that event, while the parents share decision making responsibility, the child resides with and is under the physical supervision of only the parent granted sole physical custody.
Pursuant to Family Code Section 3002, under a “pure” joint custody plan, neither parent has sole physical or legal custody; both have authority to control and supervise the child, and the child's physical presence is shared.
Pursuant to Family Code Section 3003, joint legal custody means that both parents share the right and responsibility to make decisions regarding the child's health, education and welfare.
By the same token, joint legal custody may be granted without granting joint physical custody. In that event, while the parents share decision making responsibility, the child resides with and is under the physical supervision of only the parent granted sole physical custody.