When parents separate or divorce in California, one of the most important decisions involves child custody. California law recognizes two types of custody: legal custody and physical custody. While physical custody refers to where a child lives, legal custody determines who has the authority to make major decisions about a child’s life. In many cases, courts award joint legal custody, allowing both parents to share this responsibility.
At Modesto Family Law, our team serves families across Stanislaus and San Joaquin counties. Our attorneys help you understand what joint legal custody means and how it works.
Legal Custody vs. Physical Custody
Before diving into joint legal custody, it is important to distinguish between the two types of custody recognized under California law:
- Legal Custody: The right to make decisions about a child’s health care, education, legal and general welfare.
- Physical Custody: A child’s living arrangements and daily care.
Parents may share one or both types of custody, depending on the circumstances and the court’s determination of a child’s best interests.
What Is Joint Legal Custody?
Joint legal custody means that both parents have equal rights and responsibilities to make decisions about their child’s upbringing, which may include the following:
- Choosing schools and educational programs.
- Making medical and dental care decisions.
- Participating in religious or spiritual upbringing.
- Deciding on extracurricular activities.
- Managing travel and relocation plans.
In California, joint legal custody does not require that parents agree on every issue. However, it does require that they consult and cooperate when making major decisions. If one parent makes a unilateral decision without the other’s input, it may violate the custody order.
When Is Joint Legal Custody Awarded?
Unless there are issues of domestic violence, criminal prosecution, illegal drug use, alcohol abuse and/or coparenting issues, the laws of California do not presume that parents should have joint legal custody, sole legal custody, joint physical custody or sole physical custody. In determining whether parents should have joint legal custody or if one parent should have sole legal custody, the court will consider the following:
- Are both parents capable of making sound decisions?
- Can the parents communicate effectively?
- Is joint decision-making in the child’s best interests?
Joint legal custody may not be appropriate if:
- One parent has a history of domestic violence or substance abuse.
- The parents have extreme conflict or cannot communicate effectively.
- One parent is absent or uninvolved.
The court’s primary focus is always a child’s best interests, as outlined in California Family Code § 3011.
Does Joint Legal Custody Mean Equal Physical Custody?
No, joint legal custody does not automatically mean that the child will spend equal time with each parent. A parent may have joint legal custody but not joint physical custody of their child. Physical custody is largely defined by rough estimates of parenting time. If one parent has significantly more time with a child than the other parent, that parent will likely have physical custody of the child. For example:
- Parent A and Parent B share decision-making authority (joint legal custody)
- Parent A has the child 70% of the time; Parent B has the child 30% of the time (unequal physical custody)
Legal custody is about decision-making, not living arrangements.
Tips for Making Joint Legal Custody Work
Successful joint legal custody requires communication, flexibility and a child-focused mindset. Parents can improve cooperation by:
- Using shared calendars and communication apps.
- Attending school and medical appointments together when possible.
- Respecting each other’s input and perspectives.
- Avoiding unilateral decisions on major issues.
- Seeking mediation or legal advice when disagreements arise.
California courts expect parents to act in good faith and prioritize a child’s well-being over personal conflict.
Learn More About Joint Legal Custody in California
Joint legal custody in California allows both parents to remain actively involved in their child’s life. While it requires cooperation and shared responsibility, it can offer stability and support for children during and after divorce. By understanding your rights and responsibilities, you can make informed decisions that protect your child’s future.At Modesto Family Law, our California divorce lawyers can help you with child custody matters relating to your divorce. Contact us today for a consultation of your case.
