Child Custody and Visitation
One of the most painful realities faced by any parent going through the divorce process is the certainty that for large periods of time in the future, your kids will not be with you. No matter how creatively you will arrange the custody and visitation schedule, this still will be true for both the custodial and the noncustodial parent.
Attorneys at Womens Divorce Center are sensitive to the fact that child custody is the most emotionally difficult part of the divorce proceeding. Therefore, we are dedicated to leading you through the process and protecting your child custody rights and the future of your children.
Child Custody Basics
The legal term Child Custody refers to the rights and responsibilities between the parents in taking care of their children. In California there are two types of child custody:
Legal Custody , which means the authority to make important decisions for your children regarding their healthcare, education, religion and welfare; and
, which means the authority to make important decisions for your children regarding their healthcare, education, religion and welfare; and Physical Custody, which means who your children live with.
Both types of the custody can be joint (shared by both parents) or sole (all of the responsibility goes to one of the parents). Furthermore, it is possible to share legal custody and to one of the parents to have sole physical custody.
In case of sole physical custody the children live with one of the parents (custodial parent) and visit with the other parent (noncustodial parent). Additionally, when the parents have joint physical custody it does not mean that the children must spend exactly half of the time with each parent. Usually the kids will spend a little more time with one of the parents just because it is too complicated and often not in the best interest of the children to split the time exactly in half.
Best Interest of the Child
The most important consideration to the judge making child custody determination is the best interest of the child. Best interest of the child could be defined as the most beneficial situation for children involved in the custody process. In deciding what is in the best interest for the child, the Court will consider:
The age and health of the child;
The emotional ties between the parents and the child;
Parents ability to care for the child;
History of substance abuse and/or domestic violence; and
The childs ties to school, home, and the community.
Seeking to ensure that the childrens life would be disturbed as little as possible, the Court will make every effort to maintain conditions similar to pre-divorce routine.
Types of Visitation Orders
Visitation refers to the parents share of time with children. Although visitation orders are varied depending on the best interests of the children, the visitation orders may be:
Scheduled visitation
Reasonable visitation is usually set by an open ended order allowing the parents to work out the details between themselves.
is usually set by an open ended order allowing the parents to work out the details between themselves. Supervised visitation is used to ensure the safety and well being of the children in the non-custodial parents care. It is generally utilized when there are issues of substance abuse or in situations where a child and a parent need to become more familiar with each other.
is used to ensure the safety and well being of the children in the non-custodial parents care. It is generally utilized when there are issues of substance abuse or in situations where a child and a parent need to become more familiar with each other. No visitation is ordered when visiting with the parent, even with supervision, would be physically or emotionally detrimental to the child.
How to Get a Custody and Visitation Order
Custody and visitation can be set by the parties agreement or by the judge after a contested custody hearing. If the parents make an agreement for custody and visitation, they can turn it in to the judge for approval and signature. Once the agreement is signed by the judicial officer, it becomes a court order.
On the other hand, if the parties cannot agree they will have to attend mandatory child custody mediation conducted by the Family Court Services mediators. Afterwards, if an agreement cannot be reached, the mediator will issue a Report and Recommendation to both parents and to the family court judge. The recommendation takes into consideration all information obtained by the mediator during the interview with the parents, review of the file, and contact with other third parties and includes a recommended parenting plan. The parties will then proceed to a child custody hearing, where the judge will make the determination of a custody arrangement in the best interest of the child.
Child Custody and Visitation Modification
Child Custody and Visitation can be modified by the parents agreement or by filing a request for order for child custody modification based on a significant change of circumstances (for example, change of the schedule, moving, or impending harm to the children).
Obviously, child custody law and procedure are very complex and difficult to understand without specialized knowledge. However, Womens Divorce Center attorneys will address all of your priorities and concerns, explain your rights and the legal implications of your decisions, and will guide you through the child custody process in a reassuring manner.
If your divorce involves children, call Womens Divorce Center at (619) 630-4765 or (858) 461-9237 today to get attorney advise about your child custody rights.’