California Key Definitions

Key legal terms defined in California Family Code, particularly Division 13 (Family Law).

Custody & Family Law

  • Custody - Legal authority to make major decisions about a child and provide physical care
  • Sole Custody - Exclusive custody with one parent
  • Joint Custody - Shared custody arrangement between both parents
  • Physical Custody - Right to provide housing and daily care for a child
  • Legal Custody - Authority to make major decisions (education, health, religion)
  • Parenting Plan - Agreement or court order detailing how parents will share care and decision-making
  • Best Interest of the Child - Legal standard requiring court consideration of all relevant factors
  • Domestic Violence - Pattern of abusive behavior by one spouse toward the other
  • Dissolution of Marriage - Legal termination of a marriage (divorce)
  • Community Property - Assets acquired during marriage subject to equal division
  • Child Support - Financial obligation for child’s expenses
  • Spousal Support - Financial support paid by one spouse to another (also called alimony)

California Approach

California uses a comprehensive best interest of the child standard rather than a statutory presumption for equal parenting. The court has discretion to award sole, joint, or other custody arrangements based on:

  • Health, safety, and welfare of the child
  • History of abuse or domestic violence
  • Nature and amount of contact with each parent
  • Ability and willingness of each parent to provide care
  • Ability of parents to communicate and cooperate

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