Photo of Mark A. Erickson And Matt A. Erickson

California Legal Representation In Divorce And Separation For Over 55 Years

Photo of Mark A. Erickson And Matt A. Erickson

How Are Child Custody And Visitation Issues Resolved?

Ideally, parents going through a dissolution of marriage will be able to reach an agreement on child sharing arrangements that work for both the parents and the children. When parents cannot agree, the law requires the parents to participate in mediation. Parents may hire a private mediator from outside the court system or, in Santa Clara County, the court provides mediation at the courthouse through Family Court Services. If an agreement is reached through mediation, it is put in writing and filed with the court as an enforceable court order.

What Happens When Parents Can’t Agree?

When parents are not able to agree upon a child custody and visitation order following mediation, they proceed to a child custody assessment or evaluation. This is a process where the parties either agree upon using a qualified mental health professional or the court refers the parties to Family Court Services for a qualified mental health professional to conduct an investigation and prepare written recommendations to resolve the child custody dispute. The standard for the assessor/evaluator is the same standard used by the court in contested proceedings, namely the best interests of the child or children. In making recommendations or a decision concerning child custody, the child’s health, safety, welfare, and issues of abuse or domestic violence must be considered. Each parent is entitled to at least have reasonable visitation with a child, unless it is determined that such visitation would be detrimental to the child.

Child Custody And Visitation FAQs

Child custody cases in California can raise questions about how courts make decisions and the rights of parents, children and grandparents. Below are answers to some of the most common questions to help clarify custody laws in the state.

What are the types of child custody in California?

California recognizes two types of custody: legal and physical custody. Legal custody is the authority to make major decisions about a child’s education, health care and overall welfare.

On the other hand, physical custody determines where the child will live and who will provide daily care. Depending on the circumstances, both types can be awarded as sole or joint custody. Joint custody is where both parents share responsibilities, while sole custody gives one parent exclusive rights.

How is child custody determined in California?

Custody decisions are made based on the child’s best interests. Courts evaluate factors such as each parent’s ability to provide a stable environment, the child’s relationship with each parent, and any history of domestic violence or substance abuse.

While parental preferences are considered, the focus remains on the child’s safety, health and emotional well-being. Judges may also review parenting plans and encourage cooperation between parents.

How does California law define “the child’s best interests”?

The “best interests of the child” standard prioritizes the child’s safety, stability and overall welfare. Key considerations include the child’s physical and emotional health, education, home life continuity and any risk of harm.

Additionally, courts consider the child’s age, preferences (when appropriate) and the parent’s ability to foster a positive relationship with the other parent.

Can a child choose which parent to live with in California?

California does not allow children to decide their living arrangements, but their preferences are considered if the court determines that they are mature enough to form an intelligent preference.

For children aged 14 and older, the court may be more likely to consider their preferences if the child expresses a desire to address the court regarding custody and visitation. However, the final decision is based on what aligns with the child’s best interests, regardless of their stated preference.

Do grandparents have custody rights in California?

Grandparents can seek custody or visitation in California under specific circumstances; however, the standards applied by the court are much different than in disputes between parents.

For Help With Child Custody Issues, Contact Erickson Family Law LLP

If you are trying to work out a child custody agreement with your child’s other parent, we can guide you through the process and help you reach an agreement. Contact us by calling 408-840-2393 or filling out our online contact form.