CHILD ISSUES:
CUSTODY
LEGAL CUSTODY: In almost all cases the parties will share joint legal custody of the child. Legal custody allows the parents to share in the decision making regarding the child. (FCS blurb)
PHYSICAL CUSTODY: Also known as "primary" custody is where the child will spend the majority of his/her time.
JOINT CUSTODY: This is a term that is preferred by the court’s in reference to custody. The parties are awarded joint custody and the "sharing" plan designates what times the child spends with each parent. This does not mean that it is a 50/50 sharing plan. It can be a vast variety of plans.
VISITATION: Many parenting plans refer to the time the non-primary custodial parent spends with the children. In many cases this designation is objectionable to the non-primary parent and although a "visitation" plan is implemented it is preferable to call it "child sharing".
In a dissolution proceeding the parties are required to attend a mediation session regarding custody and visitation issues if the parties have not agreed on a sharing plan. The court mediators (Family Court Services) meet with both parents in an attempt to help them reach a parenting plan that is IN THE BEST INTEREST OF THE CHILDREN. The parties may meet with an independent, outside mediator, if they prefer.
California law states that it is the goal of the state to insure that both parents have frequent and continuing relationship with both parents. Of course, there are many situations where shared parenting in not in the children’s best interest.
