Child Custody and Visitation

A main concern during divorce proceedings for parents of minor children are decisions about the parenting of the children.

Under California law, we need to consider two aspects:

Physical Custody: Physical custody determines where the children reside. Joint physical custody means that both of you will share physical custody. Sole physical custody means the children will only live with one of you. In this case, the other parent may be interested in visitation time with the children.

Legal Custody: Legal Custody determines which parent has the right and responsibility to make decisions regarding the children's health, education, and welfare. As with physical custody, you can either share this responsibility and have joint legal custody, or you can have sole legal custody.

In divorce mediation, you will decide the future parenting of your children based on the needs of your children and your own needs. You will negotiate where the children will reside and how much time each of you will spend with them. You can agree on a weekly schedule as well as a holiday and vacation schedule. Your unique family circumstances and concerns will be part of your negotiations.

As your mediator, I can provide general information about the needs of children at different ages and inform you about relevant law. I will guide you through the negotiations and help you develop options. Often mediation can help improve your communication with each other and make future co-parenting easier for everyone, especially your children.

In family law court, the court will attempt to consider and act in the best interest of the child. Frequent and continuing contact with both parents is always preferred, unless it would not be in the best interest of the child. The judge will decide all custody issues and may even order evaluations of the children and parents if necessary. Sometimes the court will appoint an attorney to represent the child's interests.