Child Custody and Visitation

In California, “child custody and visitation” refers to the legal arrangements made for the care and upbringing of your child(ren) in a divorce or paternity case. These arrangements determine where your child will live, who will make decisions regarding your child’s welfare, and when the other parent will have visitation rights.

In California, child custody can be divided into two types: “legal custody” and “physical custody.” “Legal custody” refers to the right to make important decisions regarding your child’s upbringing, such as health, education and welfare decisions. “Physical custody” refers to where and with whom your child will live on a day-to-day basis.

In California, the court’s primary concern in making child custody and visitation orders is the “best interests of the child.” The court will consider factors such as your child’s age, health and relationship with you and the other parent, as well as each parent’s ability to provide for your child’s physical and emotional needs. In general, California law favors frequent and continuing contact between the child and both parents, unless it is not in the child’s best interests.

In a divorce or paternity case, the parties may reach an agreement regarding child custody and visitation, either through negotiation or through mediation. If you and the other parent are unable to reach an agreement, the court will make a decision based on the best interests of your child. The court may also appoint a mediator or custody evaluator to assist in making a determination.

Once a child custody and visitation order has been established, it is legally binding and enforceable by the court. However, the order may be modified if there is a significant change in circumstances, such as a change in your child’s needs or a change in one parent’s ability to care for your child.