Encinitas Child Custody Lawyers

Types of Child Custody

Child custody is divided into physical and legal custody. Both forms can be approached in two different ways, with either joint or full custody. 

Physical custody refers to where a child lives and who is responsible for the daily routine. Legal custody involves decision-making power. Parents with legal custody have the right to make important decisions about their child’s education, health care, religious upbringing, and general welfare. 

The next question is whether custody will be sole or joint. Sole custody grants full authority to one parent. Joint custody, by contrast, allows both parents to share in custody rights and responsibilities, reflecting California’s policy of encouraging children to maintain strong, ongoing relationships with both parents whenever possible.

Custody arrangements, however, are not always straightforward. In fact, a common outcome is a hybrid arrangement, such as sole physical custody with joint legal custody. In this structure, a child may reside primarily with one parent, but both parents retain the authority to make major life decisions. 

This balance often reflects California’s guiding principle, the “best interests of the child” standard. Judges look at factors such as the child’s age, health, ties to school and community, the ability of parents to cooperate, and any history of abuse or neglect.

Our role is to help parents understand how these legal categories translate into workable parenting plans. We take the time to explain what each option means in practice, whether it involves school drop-offs, managing extracurricular activities, or planning holiday schedules. 

We also guide clients through the negotiation and mediation process, seeking to resolve disputes without the need for litigation. When court becomes necessary, however, our extensive trial experience enables your voice to be powerfully represented.