Family Code section 3007 - "Sole Physical Custody"


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.

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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.

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