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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Determining Child Custody and Visitation during A Split

Posted on in Child Custody and Visitation

California child custody attorney, California mediation lawyerDuring a divorce, many topics are necessary to consider. None of them are insignificant as each detail assisted in building a life together. However, one of the larger situations that require careful consideration is the child custody and visitation arrangements. The decisions made affect not only the adults in the situation but also the children and will continue to influence everyone involved for the years to come. The best solution is chosen during divorce mediation, or a judge can lay out a plan of action through divorce litigation.

Understanding Custody

There is more to determining custody than just with whom the child will live. Two forms of care need establishing, both physical and legal custody. Each of these types of care has various options within them. Understanding the options makes the decision-making process easier, so let us explain.

  • Legal custody: The legal custodian is the person who will make all of the significant life decisions, such as what school or doctor the child attends or if they can join the military or marry. Custody may be split between the two parents, or sole custody may be awarded to one parent.
  • Physical custody: The physical custodian is the parent with whom the child resides. Just as with legal custody, the options are joint custody where each parent has the child an agreed upon amount of time or sole custody in which just one parent has custody of the child.

Visitation Visited

Visitation is also known as “parenting time” or “time share,” because rather than necessarily having custody of the child, the visiting parent can see the child for an allotted amount of time. There are more variations to consider when determining a visitation schedule. Options commonly considered are:

  • Visitation based on schedule: If both sides are willing to work together and with each other’s schedule, this may be a viable option for your situation. Together, you determine days of the week, holidays, and other special occasions that work for both of you.
  • Reasonable visitation: This option requires that both sides work well together. There is no set schedule ahead of time but allows the visitation to be passed back and forth at their convenience. If the two sides are unable to communicate effectively, this solution may result in a significant amount of suffering.
  • Supervised visitation: When the safety and well-being of the child are in question if left alone with the visiting adult, it becomes necessary to require supervised visits with either the other parent or a court-appointed professional supervising.
  • No visitation: In extreme circumstances, if the overall health or safety of the child would be in jeopardy even with supervised visits, visitation may not be possible.

If you are considering your options with visitation and custody arrangements, it is useful to consult a proven and experienced professional. If you are interested in discussing your options with a skilled Los Gatos, CA family law attorney, servicing Los Gatos, San Jose adjoining areas, contact the Law Offices of Benita Ventresca today at 408-395-8822 to schedule your free initial consultation.


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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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