Demetria Graves | August 25, 2025 | Child Custody

What Is a Custodial Parent

Many parents going through divorce or custody disputes ask the same question: What is a custodial parent? In California, this term refers to the parent with primary physical custody of the child. 

The child lives with their custodial parent most of the time, and they handle the bulk of day-to-day care, routines, and decisions. The other parent (often called the non-custodial parent) may still have visitation rights or share legal custody, but the custodial parent typically serves as the child’s primary caregiver.

Understanding what it means to be a custodial parent is crucial during any family law proceeding. It affects not just where a child lives, but also how decisions are made, how child support is calculated, and what kind of legal protections each parent has. 

Courts in California focus on the child’s best interests, and determining who should be the custodial parent is a major part of that analysis. Whether you’re negotiating a parenting plan or preparing for court, knowing how this term works (and how it applies to your situation) can shape the outcome of your case.

California law recognizes two types of custody:

  • Physical custody: This refers to where the child lives. The custodial parent has physical custody. In sole physical custody arrangements, the child lives primarily with one parent. In joint physical custody, the child splits time between both parents, though not always equally.
  • Legal custody: This is the right to make important decisions for the child, such as those involving education, medical care, religion, and extracurricular activities. Legal custody can be joint, even if physical custody is not.

A parent can have sole physical custody but share legal custody, or vice versa. The exact arrangement depends on what’s in the child’s best interest.

How Courts Decide Custody in California

California family courts base custody decisions on the child’s best interests. 

The court looks at many factors, including:

  • The child’s age and health
  • The emotional bond between parent and child
  • Each parent’s ability to care for the child
  • The child’s ties to home, school, and community
  • Any history of domestic violence or substance abuse

The court’s goal is to provide a stable, loving environment. In many cases, that means awarding one parent primary physical custody while allowing the other parent regular visitation.

Rights of a Custodial Parent

Being a custodial parent gives you certain rights and responsibilities, including:

  • The right to have the child live with you
  • The responsibility to provide daily care and supervision
  • The ability to make emergency decisions about the child’s health or safety
  • In many cases, the right to receive child support from the non-custodial parent

If you share legal custody, you must still consult the other parent on major decisions. Courts generally frown on one parent making unilateral choices that affect the child’s well-being.

Can Custody Change?

Yes. Custody arrangements are not always permanent. If circumstances change, such as one parent’s move, job loss, or safety concerns, either parent can request a modification through the court.

To change custody, the requesting parent must show that the change is in the child’s best interest. The court will consider how the new arrangement would affect the child’s stability and development.

What if Parents Share Custody?

If parents share joint physical custody, neither is considered the “custodial parent” in the traditional sense. Instead, the child spends substantial time with both parents. However, even in joint custody cases, one parent’s home may be listed as the child’s primary residence for school or legal purposes.

It’s also common for one parent to be the primary physical custodian while sharing legal custody equally. This means both parents have a say in major decisions, even if the child spends most nights with one parent.

Call Our Pasadena Child Custody Attorney at The Graves Law Firm to Schedule a Consultation

A custodial parent has primary physical custody of the child. They handle the bulk of day-to-day parenting and may also share legal custody with the other parent. 

Understanding your role—whether custodial, non-custodial, or joint—is essential for protecting your rights and your child’s well-being during a custody case. If you need help, call the Pasadena child custody lawyers at The Graves Law Firm to schedule a consultation about your situation. 

The Graves Law Firm Pasadena
1055 E Colorado Blvd #500a, Pasadena, CA 91101
(626) 365-1037
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