How Child Custody Schedules Are Determined in Divorce and Paternity Family Cases in Los Angeles, Orange and Surrounding SoCal Counties

Learn How Family Law Courts in Los Angeles, Orange County and Other SoCal Counties Determine Child Custody

 

If the parents cannot agree on child custody and a parenting schedule then the California Family Law Courts Will Issue and Order. The Court’s prefer the parents come to an agreement on the issues of legal custody, physical custody and parenting schedules. If the Court decides it looks at the relevant California Family Law regarding Custody and Parenting Schedules, and applies the unique facts of each case to the relevant laws on custody.

1. The Ultimate Goal of the Family Law Court in Child Custody Matters is to Meet Two Principles.

The court must put the child’s health, safety, and welfare first. This is the “Best Interest of the Child.” Second, unless it is not in the child’s best interest a custody/visitation order must take into account the California Family Law policy that children should  have frequent and continuing contact with both parents after the parents have separated or divorced. Family Code Section 3020(b) states that both parents should share the rights and responsibilities of rearing their children, except where the contact with one or more of the parents would not be in the child’s best interest. An example where it would presumably not be in the childs’ best interest are in situations of child abuse or domestic violence). Read about how domestic violence influences child custody orders and parenting schedules.

2. Courts Expect Parents to Make an Honest Effort to work Collaboratively to create a custody Order and Parenting Schedule.

 

Custody litigation is disfavored as it is time-consuming and expensive. Contested custody litigation is also rarely best for the child. When one or more of the litigants uses the child as a tool to attempt to hurt their spouse, the child is not served. It is the policy preference of the California courts that custody and visitation issues be decided in a collaborative environment outside of the courtroom. This is not always possible, but parties should attempt to work with their spouse to establish a custody and visitation schedule that is best for the children and that will satisfy all family members.

3. Before a court hearing on a custody dispute the parents must participate in mediation.

All custody issues between parties, whether in connection with an initial temporary order, a permanent order, or a modification of an existing order, must be set for mediation pursuant to Family Code Section 3160. In the context of child custody all mediation is a private and confidential process by which a court employee mediator helps couples identify their issues and concerns and attempts to assist them to reach an agreement by working together and formulating creative solutions to resolve their conflicts amicably and peacefully. If the parties can agree on a child custody plan, the mediator then drafts a plan which memorializes the agreement of the parties and provides it to the court.

a. If the parties cannot agree to a plan with the mediator, then in Orange and Los Angeles Counties the mediator advises the court that no agreement has been reached, but makes no recommendation on custody and parenting schedules.

b. In San Bernardino, Riverside, San Diego, and Ventura Counties the court-appointed mediators act as Child Custody Recommending Counselors (CCRCs), meaning they will make a custody and parenting schedule recommendation to the judge if you and the other parent do not reach an agreement during the mandatory mediation process. These counties are considered “recommending” counties, where the mediator’s recommendation, based on the best interests of the child, is submitted to the court and often adopted in the final ruling.

4. At the hearing the court will review the parties’ declarations and may take testimony.

The parents’ declarations will be critical to the decision on child custody. You may wish to read the guide entitled How to Obtain the Best Possible Outcome When You have to Go to Court in Your Family Law Case which is linked below. The parents are also allowed to testify. In some cases the children may be interviewed by a psychologist appointed by the court. Children over the age of 12 may be allowed some input regarding custody.

5. At the hearing the court will issue a custody order and parenting schedule.

The California Superior Court invariably makes a custody and parenting time order (visitation order) first in any divorce case or parentage case (a parentage case is one in which parties with children aren’t married but are separating).

Legal Custody: Focuses on the right to make major decisions. The Court can Order Joint Legal Custody or Sole Legal Custody.

Physical Custody: Refers to where the child lives and who provides day-to-day care. A parent can have joint legal custody but primarily live with their children under a joint physical custody arrangement.

Parenting Schedule: The term commonly used to refer to the specific schedule the parents have the physical custody of their child or children. The older term for parenting schedule which is still in the Family Law Statutes and sill under stood is “Visitation.”

Best interests of the Child: California courts determine parenting schedules based on the “best interests of the child,” considering the child’s health, safety, and welfare. Factors include the child’s age and needs, the child’s attachment to each parent, the ability of each parent to provide a stable and nurturing environment, the child’s community ties, each parent’s willingness to foster a relationship with the other parent, and any history of domestic violence or substance abuse. California Family Code Section 3011 defines the Best Interest of the child. You can read the Code Section here.

After the parenting schedule order has been established. Read about Child Support as it Relates to Parenting schedules hereChild support  is determined using an algebra equation written into the California Family Law Code. The most important inputs to the equation to calculate child support are the parents’ respective parenting schedule time percentage and their respective incomes.

“Child First” Custody and Parenting Schedules: The courts do not want a divorce/parental separation to disrupt the lives of the children anymore than necessary, and take into consideration what parenting roles looked like before the parents’ separation. The amount of time the children must travel each week to accomodate a parenting schedule. Each case is uniqe and the Court condsiders those facts in makeing a parenting schedule.  The child’s best interest is always the most important determining factor in child custody during a divorce, and the court will determine a custody schedule which minimizes disruption to the child or children. The court considers how parents divided responsibilities prior to separating and weighs it within the context of what is in the best interest of the child moving forward now that the parents are divorcing or living separately.
If the parents could not agree on a custody schedule and the schedule is ordered by the court, it is in each parents’ best interest to comply with the order.

Failure to comply may be grounds for the court to change the order in a manner which the non-complaint spouse dislikes. The court expects parents to put their children’s best interests first.
The court maintains jurisdiction concerning custody until the children turn 18. Custody orders are modifiable in the future. Modifying child custody orders will be the subject of a further post.

6. Can a parent change a custody order after it has been made by the court?

Yess, the parent can ask for a change in a custody order. A custody order is like a law–like a speed limit or a penal code section. Until the court changes the custody order it is in effect. If both parents agree to change it or not follow it to the letter, there are no legal repercussions. The problems arise when one parent wants to change the child custody order, but the other parent does not.  Or both parents want to change the custody order, but each parent wants a different change.

If the parents cannot agree then one parent files a request for modification with the court. The other parent has the right to file a response to the request for modification. At the hearing the judge will decide what changes, if any, will be made, read more about changing custody orders here. It’s more common to have modifications to custody orders during the time the divorce or parentage case is active. Often once a judgment is issued a substantial change of circumstances may be required to change the order.

Some of the reasons a judge will allow a modification to a child custody order:

• Child’s needs have changed
• Child is in danger (physical, emotional, sexual, or psychological abuse)
• One or both parents’ living or work situations have changed
• The non-custodial parent’s work schedule changed
• The non-custodial parent moved closer to the other parent, or further away
• One parent needs to relocate to a different county or state
• One parent is being irresponsible (not getting the child to school on time, abusing alcohol in front of the child, etc.)
• One parent refuses to follow the child custody order

Additional resources provided by the author

• How to Obtain The Best Possible Outcome When You Have to Go to Court in Your Family Law Case
• How Not to Behave When Seeking Custody or Parenting Schedule Orders.

If you are facing a custody or parenting schedule dispute or have questions about one, it may be wise to consult with an experienced family law attorney. Understanding the complexities of the laws is crucial for protecting your rights and ensuring a fair outcome.

Attorney Galen Gentry assists clients in Los Angeles and Southern California with child custody in divorce cases and cases where the parties share children but are not married.  Mr. Gentry will  explain a person’s rights and obligations in a family law cause whether they hire him or not. Consultations are free.

Mr. Gentryis a top rated attorney with 30 years experience of helping people to protect their families and their interests in the Courts of Sluthern California.

Call at (310) 282-7521 or contact us online by using the Orange form on the right of your screen to schedule a free consultation.