When making custody and visitation orders, the court considers the child’s health, safety, and welfare. Custody and visitation are tailored to each family based on the dynamics of the parents and the best interest of the child. Custody and visitation orders may look different for everyone. 

Types of Custody: 

In California, there are two different types of custody. Physical custody relates to where the child lives and the day-to-day care of the child. Legal custody involves the right and responsibility to make the decisions relating to the health, education, and welfare of the child. 

Physical and legal custody can be sole or joint. Sole physical custody means that the child will live with and be under the supervision of one parent, whereas joint physical custody means that each of the parents will have periods of physical custody. Sole legal custody means that one parent will have the right and the responsibility to make the decisions relating to the health, education, and welfare of the child, whereas joint legal custody means that both parents will share that right and responsibility. 

Under Family Code § 3040, the court will grant custody in the following order of preference according to the best interest of the child:

• To both parents jointly,

• To either parent, with the court considering which parent is more likely to allow frequent contact with the other parent,

• If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment;

• To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

In awarding custody, the court will not consider the immigration status, sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interest of the child

Visitation: 

Visitation orders can vary widely, and parenting plans/timeshares can depend on different circumstances such as the custody orders, child’s age, or history of domestic violence. Examples of visitation orders include a non-custodial parent having midweek visitation for dinners or after-school visitation with overnights, while some orders can be on an alternate week on, week off basis. Visitation orders also include a plan for the assignment of major holidays or other special events, including summer break, holiday weekends, the child’s birthday, and the parents’ birthdays. The court may also order supervised visitation, during which a parent only has contact with the child when a neutral third person is present to ensure the child’s safety and comfort during the visitation. 

In cases which the parents cannot come to an agreement on a custody and visitation arrangement, the parties will be ordered to attend mediation or Family Court Services (FCS) to resolve custody and visitation orders. A litigant should never go to custody mediation or family court services unprepared. It is important to speak with a qualified professional. FCS will issue a recommendation to the Court that carries a great deal of weight with the Judge. The court’s main goal is to continue the child’s close contact and relationship with both parents and in achieving its goal, relies heavily on the recommendation.

Child custody and visitation orders will impact on your time with your child, child support, your ability to move-away, vacation and holiday time, and the extent to which you can be involved in your child’s everyday life. It is important to have experienced attorneys by your side to help you achieve the best result for your family. Livingstone Law, APC, has over 28 years of family law experience and is dedicated to advocating for you and your family.