Child Custody and Visitation

Child Custody and Visitation

Child Custody plans may be ordered by a judge or privately agreed to by parties with their agreement becoming the order. The parties’ agreements tend to be more successful, and beneficial, when the parents negotiate and work together to create a plan that allows for the best possible outcome for their child based on their knowledge of how they work together as parents and based on the needs of their child(ren). The Family Court throughout the state of California encourage and support that the parents work together to craft a plan best suited to their specific needs and capabilities regarding the raising of and the support of their child(ren). As part of the family-law legal process, the Court requires that the parties first meet and confer and attempt to resolve their issues privately before asking the Court to resolve their dispute(s).
Legal custody is the authority to make decisions about the child(ren)’s health, education and welfare. Physical custody pertains to where the child(ren) lives.

Joint Legal Custody

Joint legal custody means that both parents have the right to make decisions regarding their child(ren)’s health, education, and welfare, jointly or individually. Joint legal custody includes those decisions that are the most significant in a child’s life, such as which school to attend, psychotherapy, elective medical procedures. Unless there is an order to the contrary, either parent may independently make decisions behalf of the child on how the child will cared for and on such items as the education and elective medical treatment the child will receive.

Sole Legal Custody

Sole legal custody is granted to one parent, the custodial parent, who will solely decide the child(ren)’s health, education, and welfare. The non-custodial parent does not have rights to make decisions regarding the child’s health, education and welfare but may continue to have the rights to obtain medical and educational records at the discretion of the Court and/or receive notices about the custodial parent’s decisions.

Joint Physical

Custody Physical custody is granted to the parent with whom the child(ren) lives. Joint physical custody is based on the Court’s decision that the child has two homes, not one home with one parent and liberal visitation with the other parent. Or, joint physical custody may be stipulated to by the parents. A joint physical custodial arrangement does not require that the child(ren)’s time with each parent be equally shared by the parents, as in a “50:50" arrangement. The division of time between parents may be other than equal. The effect of joint custody on a parent’s right to relocate with the child(ren) can best be explained to you by your attorney.

Sole Physical Custody

Sole physical custody is granted to one parent, the custodial parent, and visitation rights are granted to the noncustodial parent. The issue of physical custody is important in move-away cases when the custodial parent wishes to change the custodial plan by moving away with the child(ren). The noncustodial, nonmoving parent has the burden of demonstrating that the relocation is detrimental to the child. The effect of sole custody on a parent’s right to relocate with the child(ren) can best be explained to you by your attorney.