What Does “Joint Custody” Mean?

“Joint custody” is a complex legal term that can have several meanings.  The term may refer to one of California’s several types of child custody arrangements including “pure” joint custody, joint legal custody, or joint physical custody.  Each different joint custody arrangement has separate rights attached to it.

First, “pure” joint custody refers to an arrangement where neither parent has sole physical or legal custody of the child.  This means that each parent has the equal right to control and supervise the child and to share custodial time with the child.

Second, joint legal custody exists where both parents share the rights and responsibilities of making decisions about the child’s health, education, and welfare.  It is important to note that joint legal custody can be granted without granting joint physical custody.  This means that one parent may have the right to have the child live with them (subject to the other parent’s visitation rights), while both parents share the responsibility for making important decisions regarding the child.

Third, joint physical custody exists where both parents have the right to have the child present in their home for significant periods of time.  Physical custody may be shared so that the child is assured he/she will have continued and frequent contact with both parents.

For more information, please contact our San Jose child custody lawyers at Lonich Patton Erlich Policastri.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.