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Child Custody and Visitation Lawyer San Diego - Divorce Lawyer, Family Law Attorney, and Mediation Services
Q. Who will get
custody of our children?
The policy of the State of California is to assure minor
children have frequent and continuing contact with both parents
after separation and divorce.
Generally parents are awarded "Joint Legal Custody" of minor
children. Joint legal custody means that both parents share
equally in the right and responsibility to make decisions
regarding the health, safety, welfare, and education of the
minor children. Physical custody can vary dramatically on a
case-to-case basis. "Joint Physical Custody" means that the
children spend a significant amount of time living with each
party.
Child custody can be determined by agreement between you and
your spouse or by court order. If you and your spouse are able
to reach a custody agreement, in most cases the court will
approve your agreement. In the event you and your spouse are
unable to agree on a custody plan, the court mandates that you
and your spouse participate in mediation provided through the
court's Family Court Services department ("FCS"). Family Court
Services will set up an appointment to meet with you and your
spouse to assist you in arriving at a custody and visitation
arrangement that is acceptable. In the event you and your spouse
are unable to reach an agreement regarding custody, the mediator
will make a recommendation to the court which the judge will
consider in making a custody order.
Q. How do I get visitation with my children?
Visitation can be determined by agreement between you and your
spouse or by court order. If you and your spouse are able to
agree that one parent is to have physical custody of your minor
children, the other parent may have reasonable visitation
rights. There are no standard rules as to what constitutes
reasonable visitation rights. Each case is decided on the
particular facts of the case.
As with child custody if you and your spouse are able to reach a
visitation agreement, the court will usually approve the
visitation plan. In the event you and your spouse are unable to
agree on a visitation plan, the court mandates that you and your
spouse participate in mediation provided through the court's
Family Court Services department ("FCS"). Family Court Services
will set up an appointment to meet with you and your spouse to
assist you in arriving at a visitation arrangement that is
acceptable. In the event you and your spouse are unable to reach
an agreement regarding visitation, the mediator will make a
recommendation to the court, which the judge will consider in
making the visitation order.
It is in your best interests to come to an amicable agreement
with your spouse. If you are unable to do so and visitation is a
particular concern, the court will consider the recommendations
of private professionals, such as psychologists or other
licensed professionals.
