Physical custody generally refers to where a child will live after parents divorce or separate. Physical custody is much different than legal custody, which has to do with the rights and responsibilities of the parents to their children. The parent with physical custody has the right to have his/her child live with him/her. If a child lives exclusively or primarily with one parent, that parent is usually referred to as the custodial parent with sole physical custody or primary physical custody. The other parent would be considered the non-custodial parent and would typically have visitation rights with the child. If a child lives equally or close to half of the time with each of his/her parents, the parents are generally considered 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.

Joint Physical Custody

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.

Sole Physical Custody

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 describe the parent with whom a child lives for the great majority of time. The term “primary physical custody” is often used in cases where parents are awarded joint physical custody and one parent has slightly more time than the other. However, in California, the term “primary physical custody” is not found in the Family Code, so there is no statutory language to define its legal meaning. Nevertheless, the courts continue to denote one parent as having “primary physical custody” and the other “secondary physical custody,” which has created issues in interpretation, particularly in move-away cases, where the parent with primary physical custody seeks permission from the court to relocate with his/her child.