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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Child Custody and Visitation
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Divorce is usually one of the most stressful and emotional events that someone will endure. Having to make determinations about child custody during divorce can be daunting. This is why it is very important for divorcing parents to understand the different types of child custody and visitation arrangements. Learning about all of your available options can alleviate some of the stress in the decision. Consulting with an attorney at
The Law Offices of Thomas & Associates can assist you in learning about your options and considering your child’s best interests while pursuing the custody arrangement that meets your needs.
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Your Options
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Generally, parents and courts can make determinations on the legal and/or physical custody of the child. (The parents can either make an agreement that will be respected by the court, or, if parents do not agree, the court can make the decision.) Physical custody pertains to the actual living arrangement of the child and the child’s daily care. Legal custody pertains to the decisions made about issues affecting the child’s upbringing, i.e. education, health care and religion.
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With respect to physical legal custody, there are many arrangements that can be made. A parent can have sole physical custody, where one parent primarily has the child. The parent with sole physical custody is referred to as the custodial parent. Since there is a presumption in California that a child benefits from a relationship with both of its biological parents, sole physical and legal custody generally occurs in the presence of a history of abuse and neglect. (Keep in mind that in the presence of a history of abuse and/or neglect, the non-custodial parent may still be able to see the child through a supervised visitation.) Parents may share joint custody, where they share responsibility for major decision-making and/or physical custody of the child. In some cases where there are multiple children, parents may decide to split custody, each taking custody of a different child. (Since courts like to keep siblings together, split custody is not a popular option through the courts absent a compelling reason.)
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Parents may also consider a custody arrangement the combines sole physical custody with joint legal custody. Since one parent has the physical custody, the parents then have the option of working out a visitation schedule for the noncustodial parent.
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Custody Through the Court
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When a couple cannot agree upon a custody arrangement, they may require the court to intervene. After the divorce papers are filed, the court will hold a hearing. At that hearing, the parties may ask the court for temporary orders regarding custody of the child. Temporary orders, having minimal relevance on the final custody order, will provide guidance until the court is able to fully adjudicate the matter through use of mediation, an evaluator, and/or trial.
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In a contested California divorce, courts will require that parties mediate the contested issues. Mediation is an alternative dispute resolution (ADR) method that allows parties to work with a neutral third party mediator in an attempt to resolve their issues through compromise. Many times in mediation, a couple may resolve a majority of their issues while allowing the court to resolve the remaining issues.
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When a court needs to make a determination about custody, it may use a custody evaluation. A process through which an evaluator, usually a court-appointed mental health professional (like a psychologist or social worker), will evaluate the situation to make a recommendation to the court about the custody arrangement that suits the best interests of the child. In making the evaluation, the evaluator will conduct interviews with the parents and the children. The evaluator will also engage in situations where they are able to observe the parents interacting with the child. If necessary, the evaluator may administer psychological testing or interview third parties. After making the evaluation, the evaluator will provide a report to the court. The court usually gives great weight to the evaluator’s report.
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If the parties are unable to agree upon child custody issues, the parties will have the ability to have a trial on the issues. A trial gives each party the ability to put on evidence and make arguments as to what they feel are in the best interests of the child. During the trial, the court will hear evidence and arguments based upon the child’s wishes (depending upon the child’s age and maturity), the child’s attachment and relationship to each parent, the parenting history, the physical and mental health of each parent, and/or any history of domestic violence.
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Many times after an agreement or order has been made, circumstances change. In the event that the parents have an agreement that has not been made part of a court order, the parents may modify the order without going back to the court. However, if: the agreement has been adopted by the court, a parent will not agree to modify the agreement, or a party seeks to modify a court order, the parties must return to court and seek modification of the court order.
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Modification of the court order, requires the party seeking modification to return to the court with an explanation of the change in circumstances warranting the change. Usually, the court will require that the change in circumstances be substantial in order for the court to justify modifying the existing order.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
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Q: What is the legal custody?
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A: Legal custody refers to the authority to make decisions regarding the child’s education, healthcare and religion.
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Q: What is physical custody?
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A: A: Physical custody refers to where the child lives and which parent is responsible for the child’s daily care.
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[More]
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 ABA Custody Criteria Report
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The American Bar Association offers this table with current custody criteria for all 50 states.
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US State Department: International Child Abduction
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This Web page is a US Department of State guide for people whose children have been parentally abducted and taken across an international border.
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[More]
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