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The McKay Law Group, APC
Family Law Attorneys
402 West Broadway, Suite 400
San Diego, CA 92037
P: (619) 321-6886
F: (619) 321-6889
San Diego Divorce Attorney - Custody and Visitation
The best option for divorcing parents is for them to put their personal disputes and issues with each other aside and jointly decide the best custodial arrangement, or schedule for their children. However, often times this is nearly impossible.
Legal and Physical Custody
In California, physical custody refers to the ‘schedule’ for the children with each parent. The parent with whom the children are at the time has the responsibility for making routine day-to-day decisions about them. Day to day decisions include what the children eat and wear, who they play with and when they go to bed. Primary physical custody occurs when a parent has the children most of the time, with the other parent having visitation time. Joint physical custody allows both parents significant time with the children, but does not necessarily mean 50/50 custody.
Legal custody is the right to make important long-term decisions affecting your children's welfare. Long-term decisions include the children's education, religion, and non-emergency medical care. Typically, the parents share legal custody and are expected to consult the other parent before making decisions on the children’s schooling, medical care and other important decisions.
Many variations are possible. There can be joint legal custody and sole physical custody. Usually the parent without physical custody has visitation rights, also called access or secondary physical custody. The terminology is less important than how the arrangement works in practice. Other labels are primary residence, primary parenting time, residential custody, residential time, etc.
Custody Arrangements
There is no standard custody schedule. Some parents divide the children's time unequally, but in a manner that meets the needs of each particular family, for instance, the children are with one parent during the week, except for Wednesday overnights and alternate weekends. Some parents achieve a ‘50/50' plan by dividing the four week nights into two overnights per parent, while alternating long weekends. The schedule that works best for your children will take into account your childrens’ ages and developmental needs, you and your spouse’s work schedules and any other important factors.
Custody Litigation - Family Court Services Mediation
When parents can't agree on issues of custody and visitation, California requires the parents, and sometimes the children, to participate in mediation with a Family Court Services (FCS) Mediator. The parents meet with the mediator, whose first goal is to get the parents to agree to a parenting schedule. If the parents cannot agree, the mediator, then takes on the role of an evaluator and makes recommendations to the judge, as to what she believes would be in the best interest for the children.