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Child Custody and Visitation
When parents divorce or separate in California they will need to have a parenting plan that considers decisions about their parenting responsibilities. A parenting plan outlines these responsibilities about child custody and visitation. In order for the parenting plan to be enforceable it should be in writing and signed by both parents and a judge and filed with the court.

There are different types of custody parents will need to consider such as legal custody and physical custody. One parent may have custody of the children or the parents can share custody for the children.

When parents do not come to an agreement on child custody and visitation the judge may have the parents meet with Family Court Services and set the matter for mediation. A mediator will meet with the parents and give the parents an opportunity to try and resolve their disputes on their own and come up with a parenting plan that reflects their child’s best interest. The courts may have different rules regarding mediation such as whether the mediator will make a recommendation to the court or not. Check with your local court to learn the local rules and processes for mediation.

If the parents are unable to work out their child custody and visitation dispute in mediation a judge may hear the case at a hearing. In some case the judge may order a custody evaluation (also known as a 730 evaluation) in which a child custody evaluator will perform an investigation of the family dynamics and make a recommendation to the judge. Parents may be able to ask for a custody evaluation, but it may not be granted by the court. The standard used by the court for custody determinations is the overall best interest of the child.

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