Custody and Visitation

Children are usually the casualties of divorce or separation. Divorcing or separating couples even use them sometimes to get back at each other. It is sad there are indeed times when children are often seen as property or an object that has to be divided by exes.

Custody

Deciding on who gets the children has 2 forms:

• Legal Custody

This refers to the right to decide on all important matters regarding the child like where to enroll, medical care, welfare, where to live, religion, physical activities, travel, etc.

• Can either be joint (both parents can make the important decisions) or sole (only one parent has the right to decide).
• Physical Custody

The children will be living with this parent.

• Can either be joint or sole/primary. In cases of joint custody, one parent will be elected as the primary parent since children issues like going to school is impossible if a kid has to spend half the year with one parent and then the next half with the other.

Visitation

• Also referred to as time-share.
• The arrangement on how parents will schedule time to take care of their children.
• Visitation is granted to the parent who does not have the physical custody of the child or has lesser time with the child. It is important for parents to agree on a plan or schedule in granting visitations to the child to avoid conflicts.
• Supervised visitation comes into place when the visiting parent is required to be accompanied by another person. This may be due to concerns about the safety or health of the child.
• No visitation is when a visit from the child’s parent would cause damage to the child (either emotionally or physically).

Either parent has the right to get the custody of the children in California. Likewise, they can also have joint custody. The courts has the last say when it comes to awarding custody of the children but the judge will honor any agreement that the parents have reached in terms of custody and visitation.

If the parents are unwilling to negotiate, the judge will order them to meet with a counselor from Family Court Services.

Factors that are taken into consideration in a custody or visitation order

The best interests of the child are always considered the first priority in a custody or visitation order. In California, the judge may either award the custody to the mother or the father. In some cases, a judge may not award custody to either parent. This could be due to abuse, neglect or the parents are unfit to raise a child. The judge will either have the child placed for adoption or guardianship.

Things that could be taken into consideration are:

• The child’s age.
• The physical and emotional well-being of the child.
• The strength of the bond between the child and the parents.
• Is the parent fit to care for the child physically, emotionally, financially, spiritually, etc.?
• Evidence of drug dependence, abuse, and or domestic violence in the household.
• The possible effects of displacement on the child.

Any disagreement will be handled through mediation first by the Family Court Services to resolve the dispute. If parents are unable to come to an agreement or plan about their child’s custody after mediation, the case will be forwarded to a judge. The judge will then decide what is best for the child.