Getting a divorce when you have children is difficult. One of the main issues that couples run into is custody and visitation issues, or deciding how much time each parent should spend with their kids. You’ll need to figure out if one or both of you will get legal custody, what the visitation schedule should be like, and more. It is also important to find the best family law attorney to ensure your custody and visitation rights are dealt with in a fair manner. Whipple & Mercado is a family law practice that can help you with any custody and visitation issues that may arise in a court proceeding. Read on to learn how visitation is determined and how we can help you.
What is Legal Custody?
Under California law, “joint legal custody” means that both parents share the right and responsibility to make decisions regarding the health, education and welfare of the children. (Cal.Fam. Code section 3003). Joint legal custody is very common in California. However, there may be a situation where one parent may not be able to share in joint legal custody. (Cal. Fam. Code section 3085).
What is Visitation?
Visitation is the schedule set up by the court for child custody between divorced or separated parents and is different from custody. Visitation is the amount of time a child will spend with each parent. It’s important to keep in mind that both parents are equally important in raising a child and the Court determines the best interest of the child standard when considering visitation with both parents.
How is Visitation Determined?
The courts will determine how visitation is handled on a case-by-case basis. Some couples are able to come to an agreement on a visitation schedule between themselves that works well for them and their children. However, if those parents can’t agree regarding visitation issues, then they’ll have take it up with the courts and a family law attorney can help advocate for you. Judges will normally make the final decision as to how visitation is handled.
Visitation schedules should be tailored based on each family’s unique circumstances. For example, some families live far away from one another so they may decide that one parent only gets visitation every other weekend. Other families may be able to determine an exact schedule up front, but if the schedule changes over time then they may need to go back to court and have the visitation schedule modified. If one parent moves far away, the courts can decide that it is in their best interests to visit with the other parent more frequently. If parents cannot agree on visitation schedules, court orders will allow for certain provisions. The parent who is not granted primary custody can have an established schedule that the child spends time at each of their homes or some other arrangement where they are able to visit the other parent.
Are You Having Visitation Issues?
If parents are struggling with a visitation dispute, it can be beneficial to speak with an attorney specializing in family law. It is possible that their lawyer will help them reach an agreement with the other party regarding visitation issues without litigation, which can save time and money on court proceedings for both parties. If you are looking for legal help with these matters during your divorce process, contact Whipple & Mercado today for more information or assistance. Our team can answer any questions you may have and provide guidance on navigating through this tough time in life. Call us at (925) 344-5050 if we can assist you with anything related to a divorce matter!