THURMAN'S INSIDER'S CUSTODY TIPS:
What is Sole Physical Custody?
Family Code section 3007 defines "sole physical custody". This
is the Holy Grail for a parent who either needs or hopefully for very
good reasons wants to control the lives of their child, vis-a-vis the
other parent. Family law custody presumptions radically favor the sole
custody parent in many ways, ranging from the burden of proof in move-away
applications to a host of other consequences. However, understand that
under California law custody labels do not necessarily determine outcomes
- any family court judge who knows what she or he is doing will look to
the de-facto timeshare in order to determine whether the custodial arrangement
is authentically "sole" custody. There is a huge risk that narcissitic
or high-conflict parents will struggle to obtain these labels, and then
misuse them. Good judges see through such agendas and determine what is in the
children's best interests per
Family Code section 3011.
CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
DEFINITION SOLE PHYSICAL CUSTODY
Family Code Section 3007
"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.