Miller Family Law Group - Southern California Divorce and Family Law Lawyers
CHILD CUSTODY AND VISITATION
“If we don’t stand up for children, then we don’t stand for much.” – Marian Wright Edelman
In a divorce that involves children, the biggest challenge is how to minimize the negative effects on your children. Going from Mom and Dad under one roof, to two roofs, is not easy, especially in a high-conflict divorce. In California, either parent can have custody, or the parents can share custody.
We encourage both parties to be reasonable. Take a step back from your own personal emotions. Seek counseling if necessary. Parents that separate will need to have a plan for deciding how they will share and divide their parenting responsibilities. This plan can be called a parenting plan, a time-share plan, or an agreement ("stipulation") regarding child custody and visitation. Any plan must be in writing and signed by both parents and a judge. The judge makes the final decision but usually will approve the arrangement both parents agree upon. Work together, not separately, at developing a working parenting plan for your children. Many, if not all, custody disputes can be settled outside of the courtroom.
Types of Custody
Legal Custody. Legal custody determines which parent will make decisions concerning the child's or children's health, safety, education, and welfare. One parent can make these decisions alone, which is known as sole legal custody, or both parents retain the right to make these decisions, known as joint legal custody. Joint legal custody means both parents should cooperate on decision-making, but that either parent has the power to make decisions alone. Sole legal custody means only one parent can make decisions and obtain information from the child's or children's school and doctor, for example.
Physical Custody. Physical custody determines where the child or children will reside. Sole physical custody means the child or children live with one parent and visit the other parent. Joint physical custody means the child or children reside with both parents. In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the "primary custodial parent" for tax and other purposes.
If unfortunately the parents cannot reach a solution and agree on a parenting plan, you will have to resolve the issues in court and a judge will make a decision at a court hearing. The court will decide your case on a case-by-case basis, in the "best interests of your children". You, or the court may decide to utilize the services of a child custody evaluator. This process is lengthy and very costly.
Before the Judge will hear your case, you will need to go to Conciliation Court. There, a trained mediator will hear your case, and attempt to reach solution one last time before the court hearing. In Los Angeles and Orange County, an appointment is free, and can be schedule by calling (213) 974-5524.
The judge will usually not make a decision about custody/visitation until after the parents have met with a mediator. Parents can also hire a private mediator. If mediation doesn't work, the judge will make a decision at a hearing. In some courts, the mediator will make a recommendation to the judge about custody/visitation orders. Ask the mediator how the process works in your local court. The judge may appoint an evaluator to recommend a parenting plan.
A parent can also ask for an evaluation, but the request may not be granted. Parents may have to pay for an evaluation. The judge also may appoint lawyers for children in custody cases. The law says that judges must give custody according to what is best for the child. In most cases, judges give custody to one or both parents.
After a judge makes a custody/visitation order, one or both parents may want to change the order. If the parents can't agree on a change, one of the parents must file a motion with the court asking for a change. If you want to change your order, you and the other parent will probably have to meet with a mediator to talk about why you want the order to change.
PARENTING RESOURCES
If you have any further questions or need additional information about our Family Law services, please do not hesitate to EMAIL US or call (562) 453-6469.
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California Divorce Attorney - The Miller Family Law Group
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