What’s the difference between legal and physical custody in California, and sole versus joint?

What the law says

Family Code section 3003 says joint legal custody “means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” Under section 3006, sole legal custody gives that right and responsibility to one parent.

Section 3004 says joint physical custody “means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020.” The statute says significant periods, not equal time. Section 3007 says 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.”

For a joint legal custody order, section 3083 says the court “shall specify the circumstances under which the consent of both parents is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child.” And section 3040(e) “establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.”

• Family Code section 3003 (leginfo.legislature.ca.gov)
• Family Code section 3004 (leginfo.legislature.ca.gov)
• Family Code section 3006 (leginfo.legislature.ca.gov)
• Family Code section 3007 (leginfo.legislature.ca.gov)
• Family Code section 3083 (leginfo.legislature.ca.gov)
• Family Code section 3040 (leginfo.legislature.ca.gov)

What to do next

When you ask for custody, item 2 of form FL-311 asks for physical custody and legal custody separately. If you want a joint legal custody order that lists which decisions need both parents’ consent, FL-311 points you to the Joint Legal Custody Attachment (form FL-341(E)), which lists school or daycare enrollment, starting or ending counseling or therapy, extracurricular activities, choosing a doctor or dentist, religious activities, and out-of-state or out-of-country travel.

• Form FL-311, Child Custody and Visitation (Parenting Time) Application Attachment, Rev. January 1, 2026 (PDF)
• Form FL-341(E), Joint Legal Custody Attachment, Rev. July 1, 2016 (PDF)
• Parents’ rights in a California custody case
• What should we put in our California parenting plan?