Custody & Visitation
Custody and visitation battles are the most challenging and emotional parts of Family Law cases. They involve when parents see their children, when extended family see the children, who makes decisions for the children, where the children live, keep children safe, and how parents interact with each other.
Legal Custody vs. Physical Custody
Legal Custody
Legal custody refers to parents’ ability to make legal decisions for their children—school selection, medical treatment, religious practice, etc. Court’s generally prefer parents to work together to make these decisions (‘Joint Legal Custody’). However, there are some circumstances where the Court will give one parent tie-breaking authority (‘Final Decision Making Power’) or simply allow one parent to make all the decisions (‘Sole Legal Custody’).
Physical Custody
Physical Custody identifies which parents are responsible for a child’s physical care. Parents can be equally responsible and spend approximately equal time with the child (‘Joint Physical Custody’). The Court can also make one parent responsible for the child’s physical care most of the time (‘Primary Physical Custody’) while the other parent has less frequent time with the child (‘Visitation’).
The are a lot of different parenting plans the Court can employ. In one case, a Court may order that the parents have Joint Legal Custody (make all decisions together), but divide Physical Custody and Visitation so that one parent only sees the child on weekends. In another case, the Court may award one parent Sole Legal Custody (making all the decisions), but equally split the physical time the child spends with each parent.
Custody Laws in California
The California Legislature believes (1) children should have ‘frequent and continuing contact’ with both parents and (2) both parents should share in the rights and responsibilities related to their children. Those goals mean California’s laws and California’s judges will always work toward parents equally sharing the time with and decisions for their children.
However, equal time and decision-making power are goals, not rules. The Court cannot automatically order Joint Legal and Physical Custody in every case. Instead, the Court must look at each individual case and determine whether those goals are in the children’s best interests. The Court will focus on what it believes is best for the child over the specific desires of the parents.
If a child is particularly young or has not had the opportunity to get to know one parent, the Court could use a slow progression toward equal time and decision-making power. If one parent tries to turn a child against the other parent or refuses to involve the other parent in the child’s life, the Court may adjust the parenting time to try and lessen the negative influences.
Watch this quick video to understand what California family courts actually measure when making custody decisions: 🎬 Courts don’t measure love when it comes to custody. Here is what they do measure.
If one parent has a drug/alcohol problem, has been convicted of a violent crime, has physically endangered the child, or has committed domestic violence, the Court may ask that parent to do significant work on themselves and their parenting before increasing time with the child. The Court can also order parents and children to work with counselors, psychologists, and parenting time supervisors, if the Court believes it will help the children.
Modifying a Custody Order
All child custody orders can be modified. The question is whether the parent has the right evidence to support the modification.
Temporary Child Custody Orders (meant to be in place while the case is being litigated) and Visitation orders can be changed if the change is in the child’s best interest. A Permanent Custody Order (made at the end of the case) for Legal or Physical Custody can only be changed if one parent can prove (1) the circumstances have significantly changes since the permanent order and (2) the change is in the child’s best interest.
Learn more about how your actions and records can impact your custody case: 🎬 Every parent going through custody thinks they need to document everything!
Contact Core Family Law About Your Custody Case
Core Family Law seeks to understand the specific dynamics of your children, you, and your family. The intimate knowledge allows us to show Judges what you and your children really need. Because what matters in Court is what you can prove, Core Family Law will also work with you to identify and collect the evidence that will prove the best interests of your child. Contact Core Family Law to speak with an attorney and schedule an in-person consultation.
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