Primary Physical
Custody - In re Marriage of Rose and
Richardson, 102 Cal.App.4th 941, 946
"Though frequently employed, the term 'primary
physical custody' has no legal meaning. (
In re Marriage of Biallas (1998) 65
Cal.App.4th 755, 759-760 [76 Cal.Rptr.2d 717].) It
is not found in the Family Code. Brody v. Kroll
(1996) 45 Cal.App.4th 1732, 1736-1737 [53
Cal.Rptr.2d 280].) Under the Family Code, a parent
may be awarded joint physical custody (Fam. Code,
§ 3004) or sole physical custody. (Fam. Code, §
3007; see Hogoboom & King, Cal. Practice Guide:
Family Law (The Rutter Group 2002) ¶ 7:361, pp.
7-129 to 7-130.)"
Joint Physical Custody Does Not Mean 50% Custody -
In re Marriage of Birnbaum,
211 Cal.App.3d 1508, 1515
"There seems to be a popular misconception
that joint physical custody means the children
spend exactly one-half their time with each
parent. Such an arrangement, of course, leaves
the child with no time of his or her own to
spend with friends. It also elevates parental
rights over children's rights and virtually
treats the child as the parents' possession.
It fails to take into account that the maximum
personal growth and development of a child
occurs from both a loving and supportive
relationship within the family and the
development of personal relationships outside
the family. Parents' demands for equal amounts
of a child's time constitute a disservice to
the child, usually creating stress and
preventing the child from fully achieving his
or her potential. In some cases the nature of
the relationship between the parents may
necessitate this kind of inflexibility.
Usually it is temporary, and when the former
spouses have adjusted to their new and limited
relationship as parents of the same children,
mathematical exactitude of time is no longer
necessary. That has not occurred here.
Equal division of a child's time between the
parents is not the hallmark of joint custody.
After all, Civil Code section 4600,
subdivision (b), provides 'Custody should be
awarded ... according to the best interests of
the child ....' Thus, the primary focus must
be what is best for the child, not what is
best for the parents. Although time is
important to the parents, the determining
factor as to whether joint physical custody is
in the best (*1516) interest of the child is
the nature of the parenting relationship
between the parents."
Alcohol or Drug Use - Wainwright
v. Superior Court, 100 Cal.Rptr.2d 749
"Statute setting forth factors to be considered by
a court adjudicating child custody in determining
the best interest of the child protects a parent
accused of drug abuse by authorizing a family
court to require the accuser to present
corroboration before the court credits the
accusations."