Child Custody and Visitation

The Los Angeles family law attorneys at Rombro & Associates help parents in divorce proceedings to ensure that they will have adequate custody and visitation periods to participate fully in their child's upbringing.

Child Custody

People usually think of child custody as determining the physical custody of their child, i.e. whom the child will live with.  Actually, custody can refer to either physical custody or legal custody.  Having legal custody means having the right and responsibility to make decisions regarding the child, such as choices regarding medical, educational and religious upbringing.  Both types of custody are determined in a divorce.

Custody can be sole (in one parent alone) or joint.  In both legal and physical custody decisions, the court begins with a presumption that joint custody is the best option.   However, factors such as the age and gender of the child and whether there is any history of abuse can rebut this presumption and result in custody being awarded solely to one parent.  Even in the case of sole, or primary, custody, the other parent usually has visitation rights and is able to spend some time with the children.

Child Visitation

Visitation is the plan which outlines the logistics of how the parents will spend time with their children.  Whether custody is joint or sole, there will be some sharing of the child's time between the parents, and difficulties arising from this arrangement can best be avoided by drafting a detailed plan in advance.  Even in joint custody, the parents' time is rarely divided exactly evenly, and one parent often ends as having "primary" custody.

Supervised visitation can be ordered when necessary to protect the child's safety and well-being.  Supervision can be done by a professional agency or another adult, or it may be the parent with primary custody who is supervising the visitation.  For instance, if the child is especially young or has not seen the other parent in a long time, a visit supervised by the primary parent may be more comfortable for the child.

If the court believes that any visitation, even supervised, would be physically or emotionally hurtful to the child, it may deny any visitation at all, and the parent will have no contact with the child.

Experienced Legal Representation is Key

Usually, if the parents can agree between themselves on a plan for custody and visitation, the court will approve the parents' arrangement.  If the parents cannot agree, the court may order mediation through Family Court Services.  If mediation fails, the judge will decide custody issues in a court hearing.  At any stage in this process, it is important to have the advice or representation of an experienced family law attorney to help you obtain the custody and visitation you want with your children.  Contact the lawyers at Rombro & Associates for a consultation regarding your child custody and visitation questions.