Series Conclusion: What is the Difference Between Legal Custody, Physical Custody, and Parenting Time?

Series Conclusion: What is the Difference Between Legal Custody, Physical Custody, and Parenting Time?

This post concludes the series the three aspects of custody.  This series covered:

  • What is Legal Custody and Why is it Important?
  • What is Physical Custody and Why is it Important?
  • What is Parenting Time and Why is it Important?
  • How does the Court Make Custody Orders?

How Does the Court Make Custody Orders?

How Does the Court Make Custody Orders?

The court will only make custody orders if parents cannot agree to a parenting plan on their own.  Both Santa Clara and San Mateo County provide ample opportunity for you and your co-parent to reach a settlement.

If you cannot reach an agreement, the court will make custody decisions based on what is best for the children involved.  There is no legal preference for a fifty-fifty custody schedule, or joint custody, or any other type of plan.

What is Legal Custody and Why is it Important?

What is Legal Custody and Why is it Important?

In my experience, most parents are not thinking of legal custody when they explain that they want custody of their children.  I suspect that most people assume that they will always have the authority to make decisions about where their children attend school, what kinds of medical treatment they receive, and where they live.  But you do not have the authority to make these decisions just because you are a parent to your children.