SPECIALIZING IN CUSTODY AGREEMENTS IN YOUR CHILD’S BEST INTEREST
In general, California law encourages joint custody arrangements in which both parents participate equally in the child's upbringing and legal decision-making regarding the child's general welfare. Unless one parent is unfit, courts strive to ensure that the child maintains frequent and ongoing contact with both parents. There is no preference for either gender, and all types of parents are treated equally.
In practice, not all cases are identical, and not all parents are involved in parenting. That’s where the Law Offices of Melissa A. Atteberry comes in. Such circumstances, as well as those involving allegations of abuse and/or neglect, can have a significant impact on the custody and visitation orders that result.
Child custody is a very challenging issue for divorcing or separating parents. Parents are naturally motivated to safeguard their children's best interests. When dealing with custody and visitation issues, having orders that are both specific and detailed will help to prevent confusion in the future.
In California, how is child custody determined?
When determining visitation rights, the court considers what is best for the child and takes the following factors into account:
- The child's age and health
- The parent-child relationship's emotional bonds
- The parents' ability to care for their child
- Any family violence or substance abuse history
- Connections between the child and his or her school, home, and community
- The parent's gender, religious beliefs, sexual orientation, disability, or marital status may not be used to deny visitation rights in court. Custody and visitation rights, however, may be denied to either parent if it is determined that contact with either parent would be detrimental to the children.
Different Types of Custody Orders
There are two types of child custody in California:
- Legal Custody determines who makes important decisions for the children, such as those regarding their health care, education, and welfare.
- Physical Custody determines with whom the child resides.
Both types of custody described above can be either joint or sole:
- With joint legal custody, both parents have the right to make decisions regarding certain aspects of their children's lives, but they are not required to agree on every choice.
- With sole legal custody, only one parent has the authority to make decisions regarding the children's upbringing.
- With joint physical custody, children divide their time between their parents, with one parent typically having slightly more time than the other.
- With sole physical custody, the children typically reside with one parent, while the other parent has visitation rights.
Variations in Visitation Orders
Depending on what is in the best interest of all parties, visitation orders can vary. There are various types of visitation, such as:
- A visitation schedule prevents conflict and confusion. Holidays, special occasions, and vacations may be included in visitation schedules.
- Reasonable visitation does not specify when the children will live with each parent, but it works well if both parents are communicative and adaptable.
- Supervised visitation is issued when the safety and well-being of the children require that visits with one parent be supervised by another adultor a professional agency.
- No visitation occurs when visiting the parent, even under supervision, would cause physical or emotional harm to the children.
Get the professionals to represent your child custody and visitation case, call (530) 895-8932 now!