Q: What am I giving up by granting my spouse "sole physical custody" in CA (USA) and retaining joint legal custody?
That is, if we are able to create a plan together, will I still have sufficient visitation time and (hopefully) overnights? I am a stable dad, but we wish to have them live with her "most" of the time and we would create a visitation schedule that fits our specific needs. I fear that "sole physical custody" "gives up" my stake in the children and I do not want this. However, I understand that she can take care of the children in a good way. Therefore: what am I giving up by granting my spouse "sole" or "primary" physical custody?
A: Physical custody relates to where the children live. Legal custody relates to who has the power to make certain types of decisions for the children (medical, psychological, consent for sports and field trips, etc., getting a passport) If your spouse has "sole physical custody" that means you have no custodial time with the kids. No overnights. Try using this service to set up a parenting plan with shared custody/visitation: https://losangelescafam.modria.com/
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A:
In California, granting your spouse "sole physical custody" means that your children will primarily reside with your spouse and that your spouse will have the authority to make day-to-day decisions regarding the children's care, including their physical health, education, and well-being. However, it does not necessarily mean that you will lose your stake in your children's lives.
If you retain joint legal custody, you will continue to have a say in major decisions affecting your children's lives, such as medical treatment, education, and religious upbringing. Additionally, you can still maintain a meaningful relationship with your children through visitation and communication.
The specific visitation schedule will depend on the circumstances of your case and the needs of your children. The court will consider factors such as the children's ages, school schedules, and your work schedule when determining a visitation schedule. You and your spouse can work together to create a visitation plan that works best for your family.
It is important to note that if you grant your spouse sole physical custody, you may have less control over day-to-day decisions regarding your children's care, but you will still have the right to be involved in major decisions affecting your children's lives. If you have concerns about granting your spouse sole physical custody, you should discuss your concerns with a qualified family law attorney who can provide you with advice and guidance specific to your situation.
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