Families and Children

If parents cannot agree on a parenting plan for the children, the court will decide. The legal standard is always the child’s “best interest.” In California, it is public policy to ensure that children have frequent and continuing contact with both parents after parents separate or dissolve their marriage or end their relationship. Child custody and visitation orders may be requested by either parent of a child.

If the parents were not married at the time the child was born, the Court cannot make any orders for custody, visitation or support until paternity is established. Paternity may be established by both parents signing a Declaration of Paternity form (CS 909) in the hospital when the child is born, or at a later date if the form is notarized and submitted to the Department of Child Support Services, or by opening a Paternity case with the court.

Legal Custody

Legal Custody determines which parent will make decisions about the child’s or children’s health, safety, education, and welfare.

• Sole Legal Custody means that one parent has the right and responsibility to make decisions regarding the children's school, doctors, and general welfare. 

• Joint Legal Custody means that both parents share the decision-making rights and responsibilities. They cooperate on decision-making. 

Physical Custody

Physical Custody determines where the children will reside.

• Sole Physical Custody means the children live with and are under the supervision of one parent and have visitation with the other parent as agreed upon by the parties or as ordered by the court. 
• Joint Physical Custody means the children reside with both parents. When parents have joint 

What is a Parenting Plan?

A Parenting Plan is a legal document that states the custody and visitation arrangements that the parents have agreed to or have been ordered upon. It can also be called a Custody and Visitation Agreement.

A Parenting Plan is usually very detailed and sets consistent times for the child to be with each parent on a day-to-day basis, holidays and vacations. The plan needs to be in writing and signed by both parents, and their attorneys if they have one. The Court will review the plan and will usually approve plans that have been agreed to. Once the Court signs the Parenting Plan it becomes a court order that is enforceable.

Some of the things to consider when you write your Parenting Plan are:

• Where will the children go to school?
• What kind of daycare do the children need?
• What religion will the children be raised in?
• Who will be the children’s primary medical and dental care providers?
• Who will make decisions in cases of emergency?
• How will information about the children be shared?
• Do both parents have the right to call the children when they are in the care of the other?

Family Court Services and Mediation

Family Code Section 3170 required mediation, or Child Custody Recommending Counseling (CCRC) services, in Family Law cases when separating or divorcing parents cannot agree on custody and visitation arrangements for their child/ren. The parenting plan address such topic as legal custody, physical custody, timeshare or visitation scheduled, telephone contact, transportation, and other special needs or issues pertaining to child custody and visitation. Other topic that may be discussed include domestic violence and substance abuse issues. 

To learn more about child custody recommending counseling, click the Child Custody Recommending Counseling link below.