In California, the courts urge parents to conduct something known as a “custody or visitation agreement” or a parenting plan. These plans are a written agreement among parents on two major aspects of parenting schedules: time-sharing, and decision-making. This means that, with the help of these schedules, you will better understand when your child will be with you, and how you will make decisions about health, education, and welfare of your children. Now we will help you understand some of the guidelines you must keep in mind when you are working out an agreement.
There are some policies that are relevant in California courts that deal with custody and visitation. Here are a few to remember:
- Both parents are entitled to time with their child. A custodian should not be ‘preferred’ based on their sex.
- The court wants the best interest of the child.
- Both parents should remain in contact with the child, according to the schedule.
- The court will consider who will enable the child to have frequent contact with the other parent.
The Importance of Physical Custody
When you develop your parenting plan, you must include physical custody, as it is one of the most important aspects of a plan. This means differentiating between joint physical custody and sole physical custody. If you can’t come to an agreement on these issues, the judge will decide these matters for you. California courts tend to award joint custody over any other type, as it usually appears in the best interest of the child.
When you develop a custody and visitation schedule, there are some things you should keep in mind. Some of the most important aspects, in fact, include where your child is during all days of the week, where they will be on holidays and special occasions, where they are during school breaks, and when each parent can go on vacation with the child. Scheduled visitation usually isn’t a problem when an agreement is made, as parents tend to plan visits as they occur.
Special Circumstances and Speaking to an Attorney
Sometimes, there are special circumstances to keep in mind. What if one parent has previously caused harm to the child or is using drugs? You may be able to request supervised visitation. Your visitation matters can also become more complicated and specialized when they involve a grandparent or other party. Because matters can sometimes become issues, we are there for you. If you have questions about these schedules and what will work best for you, call us today. At The Law Offices of Amy M. Montes, we care about your custody matters and can assist you.