Custody and Visitation in California – What You Need to Know
By Kali Perkins
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During any separation involving children, the parents – whether married or not – must work out the issues of custody and visitation. If you and your ex aren’t getting along or communicating well, this could be problematic and likely emotions will run high when it comes to deciding who gets time with the child(ren) and when.
Defining the Terms
Custody is a broader term and can refer to either legal or physical custody, while visitation refers to time actually spent with the child.
Legal custody gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child’s welfare — including the child’s education, medical care, dental care, and religious instruction. Legal custody can be awarded solely to one parent, or jointly to both parents to share in decision making.
Physical custody can be either joint–which means that the children live with both parents–or it can be sole or primary, which means the children live with one parent most of the time and have visitation with the other parent. Visitation rights allow the parent with whom the child does not live to take physical custody of the child for specific, regularly-scheduled periods of time
The custodial parent is the individual that has primary physical custody of the child. The child does not reside with the non-custodial parent except during the time that parent has visitation.
The courts generally encourage frequent and regular visitation when the parents live in the same locality and when it does not interfere with a child’s school schedule. If the parents live a long distance from one another, liberal visitation is usually provided for school breaks and summer vacations.
California Custody and Visitation Arrangements
In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve whatever plan both parents can agree on. The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time.
The court always encourages parents to come up with an agreement on their own, where possible. And prior to any hearing on custody, you will be required to participate in mediation with the other parent and a neutral third party, to try and reach an agreement with the other parent. If the parties cannot agree, then the matter will proceed to a hearing before the judge, where the parties can submit evidence and argue for the custody arrangement they desire.
Supervised Visitation
Supervised visitation may be ordered when the children’s safety and well-being require that visits with the other parent be supervised by another adult, or a professional agency. In situations in which contact with a parent would be physically or emotionally harmful to the children, the court may order that the parent be allowed no visitation with the children.
If needed, the court can appoint an attorney to represent the child. This type of attorney is known as a Guardian Ad Litem.
Despite the risk of COVID, courts across California are enforcing visitation orders, therefore, it is in the best interest of your child(ren) if you and your ex can put protective measures in place, and abide by all safety protocols set forth by the state, to ensure the health of your family.