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Custody and visitation are often discussed in most divorce or separation cases. Child custody refers to the rights and responsibilities each specific parent has. Visitation refers to how and when each parent will spend time with their children.
In California, custody and visitation rights are decided by a mutual agreement between the parties and signed off by a judge. If the parties cannot agree, the judge will determine based on the child’s best interests. If you are going through custody issues, the Glendale child custody and visitation attorneys at Baghdaserians Law Group, Inc can help you through these difficult times.
Types of Custody Orders
Under the California court system, there are two types of custody orders a judge will issue:
- Legal Custody
- Physical Custody
Legal custody involves deciding on matters of importance to the child, such as education, welfare, and health issues. Physical custody is where the child resides. Legal and physical custody can be granted to either both parents—known as joint custody—or to one parent—known as sole custody.
There are circumstances where a judge will grant legal custody to a parent but will not grant them physical custody of the child. In these situations, the parent who has physical custody will also have legal custody, and the other parent will typically have legal custody with visitation rights.
Types of Visitation Orders
When a parent has a child for less than half of the time, they are deemed to have visitation rights of the child. In California, visitation can be granted in four different ways:
- Visitation according to a schedule
- Reasonable Visitation
- Supervised Visitation
- No Visitation
Under a scheduled visitation order, a judge will order the parents to develop a plan to schedule their parenting time. This will help the parents and children know when each child will be with what parent to avoid conflicts and confusion.
When a judge grants a reasonable visitation, they leave the orders open and allow the parents and children to determine what is best for all parties involved. This works best when the parents constantly communicate and agree on what is best for the child.
When supervised visitation is granted, it means that there are reasons why one of the parents should not be alone with the children or when a relationship has not been established between the parent and child.
How Custody and Visitation are Decided
California law states that a judge must decide custody according to what is in the “best interest of the child.” For a judge to determine what is in the child’s best interest, they will consider the following factors:
- Child’s age
- Child’s health
- Community ties
- Family history of violence or substance abuse
- Relationship between the child and parents
- The best fit to parent and care for the child
A court will not automatically grant custody to the father’s mother. They will always consider all circumstances and factors to determine what is best for the child.
Contact Our Custody Visitation Attorneys Today
For more information about custody and visitation rights, please schedule a consultation with our Glendale custody visitation attorneys at the Baghdaserians Law Group, Inc. Our attorneys help those throughout the Los Angeles area. Call us today at 626-460-9525 for our Pasadena office or 310-299-4608 for our Beverly Hills office.
