Addressing Child Custody and Parenting Time
In California, if parents can agree on how to share their children, that agreement is presumed by the courts to be in the children's best interest. If parents cannot agree on how to address child custody and parenting time, they have to go to mediation. The mediator will work to help parents reach an agreement. If an agreement cannot be reached and depending on whether the county is recommending or confidential, the mediator may make a recommendation to the courts as to what parenting plan they believe is in the children's best interest. In confidential counties, the mediator will provide a list of disputed issues and agreements made between the parents during mediation to the court. Custody recommendations are influential to the court, as they are considered court experts. However, a recommendation remains just that and can be disputed in court.
My name is attorney Chandra E. Miller. When children are involved in a divorce, I highly encourage parents to reach an agreement through negotiation, collaborate law or mediation. I am experienced in all of these tracks. I am also experienced in litigation, and I understand that there are some disputes that simply cannot be resolved through amicable means.
There are two types of child custody that need to be addressed: legal custody and physical custody. Both of these will be addressed in the child custody order.
Legal Custody
Legal custody concerns the decisions made on behalf of the child. This includes decisions about non-emergency medical care, schooling, day care and other similar issues. Typically, this type of custody is going to be shared between the parents, except in extraordinary circumstances.
Physical Custody
Physical Custody concerns the time the child spends with each parent. In the past, the term "visitation" was used to refer to the rights of the non-custodial parent to see the child. This term is not used anymore, as the idea that a parent would have to visit the child is offensive. Parenting time is a more accurate term. In most cases, while there is a custodial parent the child will live with, the goal is for both parents to play a frequent and continuing role in the child's life. There are no "visiting" parents.
Child Custody in Divorce and Paternity Cases
Child custody issues also arise in situations where the parents are unmarried. In these situations, a Petition to Establish Parentage is the action filed. I handle both paternity and dissolution cases.
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