California child custody law (Uniform Child Custody Jurisdiction Act) makes a determination in a child custody case by focusing on "the best interests of the child". The court's goal is to see that a child remains in "frequent and continuing contact" with both parents. In most cases the court will want to see that the "status quo" is maintained, that is, the child's life is not drastically changed due to divorce proceedings between the parents in a family law child custody case.
To achieve these goals the court will take into consideration who has been the primary caretaker of the child, the parent's psychological profiles, the desires of the child (should the child be older and found to be mature) and other issues pertinent to the case. Typically, parties are awarded joint child custody or joint legal custody which means both parents are entitled to make decisions regarding the child's health, education and welfare. A parent may be awarded primary physical custody should they have the child in their custody a majority of the time. The other parent will generally be awarded visitation time. An award of primary physical custody is beneficial to a parent if that parent desires to move out of the county in the future. When both parents have significant periods of physical custody the court will determine the parties have joint physical custody.
To establish a custody/visitation plan the parties will generally meet with a Family Court Services mediator who will attempt to create an acceptable parenting plan by encouraging the parties to reach an agreement. In the event the parties are not able to agree upon a parenting plan the mediator will make a recommendation to the court as to custody and visitation. Should the parties agree to a parenting plan prior to attending Family Court Services mediation, the mediation is not usually necessary.
California child custody or visitation may be modified when one of the parties shows there has been a change of circumstances sufficient to warrant a change in custody or visitation. Visitation or custody may be modified at any time until the child reaches the age of majority should the situation warrant the same.
A dissolution involving children is one wherein a child custody lawyer should be retained to ensure the relationship between the children and the parent remains strong and a child custody battle does not ensue. Most times the parents are able to reach a child custody agreement. If you have a child custody issue please contact child custody attorney Elaine L. Heine as early as possible and obtain a child custody evaluation and child custody information.