Custody and Visitation
The issue of Child Custody and Visitation is perhaps the most serious concern parents will face during and after a divorce. It is very difficult for a parent to give up time with their child, but the children do not ask for the divorce and need to know that both parents love and care for them. It is important to remember that the best gift divorcing parents can give their children is an amicable divorce.
The issue of Child Custody is two-fold – Legal Custody and Physical Custody.
Legal Custody is with respect to parents’ ability to obtain information and make decisions pertaining to education issues, medical issues, religious issues, and the general welfare of the children. California favors Joint Legal Custody wherein both parents cooperate in the decision making process. However, in situations where one parent is unfit or absent the Court may order Sole Legal Custody.
Physical Custody is with respect to which parent the children live with and where they go to school. This order has many variations that can apply depending on the parenting agreement and our office can assist you in explaining the various options for your specific case.
Visitation or Parenting Time addresses the actual time a parent will spend with the children. This issue tends to be one of the most litigated issues in a divorce. Arriving at a parenting plan that works for the parties and the children can be difficult because each case is different. Both parents inevitably want to spend as much time as possible with their children and retain a strong relationship with their children. There are situations where a shared parenting plan does work for the children, however, it is not always the case and depends on many factors such as how far the parties live from one another and the children’s school; the children’s work schedule; what the typical parenting plan was during the marriage; and other similar factors. If possible, parents are encouraged to discuss the parenting plan that they believe will work best for their specific situation. If the parties are unable to reach an agreement or are unable to speak with one another about the issue, the parties will be ordered to attend mediation where they will each have an opportunity to discuss their positions with a trained professional who will either assist the parties in reaching an agreement OR make a recommendation to the Court as to what they believe is in the children’s best interest. There are situations where the mediator may ask to speak with one or more of the children, however, for the most part the Court prefers to keep the children out of the case.
While it is advantageous to reach a parenting agreement with the other party for the sake of your children, it is not always possible. There are cases involving domestic violence, physical and/or emotional abuse, and cases where parents voluntarily absented themselves from their children’s lives before the divorce which makes it extremely difficult to arrive at a parenting agreement. While mediators are helpful in this regard, these situations will often result in a hearing and/or trial before the Court so that evidence can be presented to the Court to allow the Judge to make a decision that will be in the “best interest of the children”.
Parents should note that while the Court does like to maintain a certain status quo for children, it is also the goal of the Court to encourage frequent and continuing contact between the non-custodial parent and the children. As such, as circumstances with the children and/or parents change, Custody and Visitation can always be modified.
An attorney is not only extremely beneficial in assisting clients’ at hearings and/or Trials, but also from the initial filing of the Custody/Visitation paperwork in order to help you prepare for mediation; prepare the moving and/or responsive paperwork; and in assisting with presenting the Court with the necessary information and/or evidence. Custody/Visitation will generally be one of the most emotional issues you will face during your divorce and oftentimes people are not able to separate their emotions from the case long enough to present the pertinent facts favorably to the Court. The assistance of an attorney with these issues is priceless.
The Law Office of Kerri Lynn Anderson is extremely empathetic on this issue and believes that it is vital to focus on the needs and concerns of children during this very trying time while protecting clients’ parental rights. We are aware of the importance of a resolution for Child Custody and/or Visitation for the sake of not only our clients, but the children involved in the case and to avoid the devastating impact that a long, drawn out court battle has on the children and parents. As such, our office is committed at working toward a creative and committed parenting arrangement that best suits the needs of your children whether it is through negotiating with the other party and/or attorney or through a Custody / Visitation Trial.
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