Cal. Codes » Family Code / DIVISION 8. CUSTODY OF CHILDREN / PART 1. DEFINITIONS AND GENERAL PROVISIONS / CHAPTER 1. Definitions
California Codes

Cal. Family Code § 3004 (2026)

✓ current as of May 2026
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“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.

Notes of Decisions
Cited in 24 cases (10 in the last 5 years), 1997–2026 · leading case: Rivero v. Rivero, 216 P.3d 213 (Nev. 2009).
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Rivero v. Rivero, 216 P.3d 213 (Nev. 2009). · cites it 4× “2d 532, 534 (1989) (discussing primary and secondary custodians); Cal. Fam.Code §§ 3004, 3007 (West 2004) (defining joint and sole physical custody).”
NIKO v. Foreman, 2006 Cal. Daily Op. Serv. 10126 (Cal. Ct. App. 2006). · cites it 2× “[3] Family Code section 3004 states "`Joint physical custody' means that each of the parents shall have significant periods of physical custody.”
People v. Mehaisin, 2002 Cal. Daily Op. Serv. 8081 (Cal. Ct. App. 2002). · cites it 3× “” (Fam. Code, § 3004.) Because defendant had the children for several weeks, his period of physical custody must be deemed significant.”
In Re Marriage of LaMusga, 88 P.3d 81 (Cal. 2004). “) Rather, the code uses the terms "joint physical custody," which "means that each of the parents shall have significant periods of physical custody" (Fam.Code, § 3004), and "sole physical custody," which "means that a child shall reside with and be under the supervision of one…”
F.T. v. L.J., 194 Cal. App. 4th 1 (Cal. Ct. App. 2011). “LaMusga noted that although the trial court had previously awarded the mother “ ‘primary physical custody’ ” of the children, the Family Code does not use that term, but instead “uses the terms ‘joint physical custody,’ which ‘means that each of the parents shall have…”
Santa Clara Cnty. Dep't of Fam. & Child.'s Servs. v. J.R., 235 Cal. App. 4th 1102 (Cal. Ct. App. 2015). “” (Fam. Code, § 3004.) One of the considerations in determining a child’s best interest is “[t]he habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by…”
Rose v. Richardson, 102 Cal. App. 4th 941 (Cal. Ct. App. 2002). “) Under the Family Code, a parent may be awarded joint physical custody (Fam. Code, § 3004) or sole physical custody.”
In Re Marriage of Condon, 62 Cal. App. 4th 533 (Cal. Ct. App. 1998). “" (Fam. Code, § 3004.) During the pendency of the trial Mr.”
Ruisi v. Thieriot, 97 Cal. Daily Op. Serv. 1644 (Cal. Ct. App. 1997). “(Fam. Code, § 3004.) 6 Cassady v. Signorelli (1996) 49 Cal.”
In Re Marriage of Biallas, 76 Cal. Rptr. 2d 717 (Cal. Ct. App. 1998). “(Fam.Code, § 3004.) For example, in Brody, supra, 45 Cal.”
Navarro v. Lamusga, 32 Cal. 4th 1072 (Cal. 2004). “) Rather, the code uses the terms “joint physical custody,” which “means that each of the parents shall have significant periods of physical custody” (Fam. Code, § 3004), and “sole physical custody,” which “means that a child shall reside with and be under the supervision of one…”
Condon v. Cooper, 98 Cal. Daily Op. Serv. 2108 (Cal. Ct. App. 1998). “” (Fam. Code, § 3004.) During the pendency of the trial Mr.”
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