Southern California Child Custody Lawyers

How Custody and Visitation Work in California

Custody matters may seem complex if you've never had to think about them before. And custody is a serious and sometimes contentious matter that can have a big effect on your future and your children's futures. But it doesn't have to be complicated or difficult if you have a good Southern California child visitation attorney.

In California, child custody can be determined in one of two ways. The easier way is for parents to agree on how they will share custody -- with help from California divorce lawyers or a mediator, if necessary. If they can agree, parents will draw up a "parenting plan" that details how and when they will share custody of the children. When the parenting plan is finished, they submit it to the court for approval. This type of custody plan is likely to be denied only if the court feels it's unfair, unrealistic or not in the best interests of the children. For example a custody plan is not appropriate for parents who have problems with domestic violence, sexual abuse, substance abuse or neglect.

If parents can't agree, or if they have serious problems that prevent effective discussions, a judge will decide how they will share custody. The judge's decision is binding and not easy to change, so it is best to exhaust your options before going to court. However, the law requires judges to make custody decisions only in the best interests of the children. They must take into account the children's ages, health, established school and activities and emotional ties to the parents, as well as any abuse or neglect by parents and the parents' ability to care for them properly. Judges do not automatically grant sole custody to the mother, despite what may have happened in the past. In California, judges are also not allowed to deny custody or visitation based on the parents' lifestyles, religions, disabilities, marital status or sexual orientation.

There are two types of custody in California: Physical custody and legal custody. Physical custody is the legal name for caring for and living with your children. Parents with physical custody perform tasks like giving children their meals and taking them to school. Legal custody, on the other hand, is the legal right and responsibility to make decisions for your child. Parents with legal custody may be asked whether they will permit the children to go on school trips and make medical decisions for the children. Parents can have any combination of these types of custody:

• Joint custody is the most common arrangement. Both parents have legal decision-making power, and they will take turns living with and caring for the children. This can be arranged any way you like, as long as the court approves it.
• Sole physical custody is when one parent has the children all the time, but both parents retain legal custody. The other parent generally still gets visitation rights. The parent with sole physical custody has day-to-day decision-making power, but must consult the other parent when it's time to make legal decisions like a name change.
• Exclusive custody is the name for when one parent has sole legal and physical custody. It's not common, and when it does happen, the other parent may still be given visitation rights.

Visitation is exactly what it sounds like -- the right to visit children for parents who don't have physical custody for at least half of the time. For most parents, visitation is awarded without restrictions. However, if the parent has certain problems that put the child's safety in doubt, or if the child hasn't seen the parent in a long time, the court may order that visitation should be supervised by the other parent or another adult. Grandparents may also have visitation rights, depending on the circumstances.

If you're having problems dividing custody in a divorce or separation, Wallin & Klarich can help. We offer guidance for parents drawing up a parenting plan for the first time; negotiating help for parents who have trouble agreeing; and vigorous representation for parents in a contentious custody dispute. We have practiced law in Southern California for more than 30 years, handling hundreds of custody cases, divorces and related disputes.

Thanks to our experience, Wallin & Klarich can offer intellectual, geographic and other resources that few Tustin family lawyers have. We have more than 20 offices throughout the region, from San Diego to Ventura to the high desert. We maintain 24-hour, 7-day, year-round availability to our clients, so we can always be there for you. And because we know Southern California is a diverse place, we have family law attorneys who can speak to clients in Spanish, Vietnamese, Japanese and Farsi. Perhaps most importantly, we offer free consultations to potential clients, so we can decide whether we're right for one another.

To set up a free evaluation of your case, call Wallin & Klarich today at 1-888-290-5379, or fill out the online consultation form on our Web site.

If you're facing a child custody matter, you need an experienced, effective family lawyer on your side -- like the expert Southern California family law attorneys at Wallin & Klarich. Whether you need an hour in our offices or full representation in court, we're committed to helping your family get the best possible outcome to custody disputes. For a free consultation with Wallin & Klarich family law attorneys, call us today at 1-888-290-5379 or fill out our confidential case evaluation form online. We'll be here for you, whenever you call.