Living Arrangements

• Per California law, parents who have been awarded sole physical custody retain the right to have the child reside with them until such time that the child comes of age and is free to move out on his own. Typically, this right is taken away only if the ruling is reversed as a result of a future hearing or if the parent should become incapacitated, and it can be shown that the parent is unable to care for the child in some way. The non-custodial parent is typically awarded liberal visitation rights that may include the right to keep the child with him at his residence a set number of days each month.
  
  

Tax Benefits

• Parents who have been awarded sole physical custody of their child in the state of California typically retain the rights to claim their child as a dependent on their income taxes. In some cases, this right may be over ruled by the family court judge if it can be shown that, despite the custodial parent having full physical custody, the child spent more time with the non-custodial parent during the preceding tax year. If this is shown to be the case, the judge may order that the non-custodial parent has the right to claim the child as a dependent for that tax year.
  
  

Relocation

• While parents who have been awarded sole physical custody have the right to claim their home as the child's primary residence, they do not have the right to relocate the child out of state without the permission of the court. In the event that the custodial parent must relocate due to health or career reasons, the state of California requires that the custodial parent show proof as to why the move is necessary. If the court deems the move necessary, the custodial parent must then agree to make reasonable accommodations to allow the child to visit the non-custodial parent by making necessary travel arrangements as ordered through the court. The only exception to this rule is if the parent who holds physical custody also holds full legal custody of the child, which differs from physical custody, giving the parent more control over the child's welfare, education and care.
  
  

Right to Support

• Under California law, parents who retain sole physical custody have the right to receive financial support for the care and well being of their dependent child from the non-custodial parent. The amount awarded in child support cases typically depends on several factors including the income of both parents, if child care expenses are involved and who pays for health insurance for the dependent child. If the non-custodial parent does not comply with the order of the court to support the dependent child, the custodial parent has the right to collect the support through payroll interception and criminal prosecution.
  
  

Important Differences Between Legal and Physical Custody

• The state of California recognizes differences between being awarded sole physical custody and sole legal custody. Sole physical custody primarily means that the custodial parent is the dependent child's primary care taker, but that the custodial parent must refer to the non-custodial parent for most important decisions regarding the child's health, education and well being. Parents who have been awarded both sole physical custody and sole legal custody retain the exclusive right to make these decision on the child's behalf without consulting the non-custodial parent for advice or input.