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California divorce lawyerWith Thanksgiving recently passing and the December holidays just around the corner, child custody and visitation issues may arise, especially if you, your ex-spouse or partner, and children will be celebrating separately for the first time. When these issues surface, it is imperative to clearly establish parenting time (sometimes termed “visitation”) through a formal plan.

When parents and children understand and can anticipate how and when parenting time is to occur, the stress and conflict associated with change and new arrangements will diminish rather than escalate. In meeting your child custody and parenting time needs, work together with an experienced Cupertino family law attorney.

A Parenting Plan Is a Custody and Visitation Agreement Between Parents

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California family lawyerIf you have children and are newly divorced, in the process of divorce, or seriously contemplating divorce, the issue of child custody is surely on your mind. You may be anxiously anticipating a contentious court battle, for example. The truth is, however, is that the kind of hostile courtroom scenarios depicted in television and film are not representative of the vast majority of dispute resolution.

Divorce is common and in many cases mutual and free from larger-than-life rancor and, when children are involved, with ex-spouses working together to share custody. Such sharing, in legal terms, is known as “joint custody.” An experienced Sunnyvale family law attorney can help determine whether joint custody is best for you and your children.

Joint Custody Is Conditional on Certain Minimum Criteria

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California divorce attorneyChild custody is often an issue of paramount importance in Bay Area divorce proceedings. While each parent may already have secured stability in terms of career, health, and future plans, a child, especially if young, is still developing intellectually, physically, and emotionally. When parents divorce, the impact on these areas of a child’s development can have both short-term and long-term effects. For this, courts in California do not rely on a default framework with regard to child custody.

In other words, rather than automatically awarding custody of a child to the mother or father based on a single reason, the court considers what is in the best interests of the child. In this consideration, courts evaluate several primary factors related to the child’s wellbeing and environment. A skilled Los Gatos child custody attorney is well acquainted with these factors and how California courts weigh them.

Age, Health, Emotional Ties, and Parental Ability Are Among the Relevant Child Custody Factors in California

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California custody lawyerIf you and your ex cannot agree on a child custody schedule, a court will get involved to make one. When making this determination, California law instructs that courts must consider the best interest of the child.

This means that the desires of the parents are not given much weight, except as to how they relate to the child’s best interest. Also, it should be noted that this calculus is related only to physical custody not legal custody. Legal custody refers to the rights of the parents to make all critical decisions that affect the child's life.

The law further outlines what factors should be weighed in deciding what custody arrangement is in the best interest of the child. Your Campbell family law attorney can discuss the specific circumstances in your case, but generally, these factors include:

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California child custody attorneySometimes getting court-ordered custody is the easy part. What parents find out in the aftermath of their day in court is that a child custody order sometimes has to be enforced by the courts.

When one parent refuses to follow any aspect of an order, it can affect the parents, other family members, and most importantly the children.

Examples of Ways Parents Disobey Custody Orders

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Law Offices of Benita Ventresca

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Los Gatos, CA 95030

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