Custody and Visitation Law in Los Angeles
Custody and Visitation in the Divorce Process in Los Angeles
How can parents decide on a parenting plan?
Separate parents should have a parenting plan to decide how they will share parenting responsibilities. A parenting plan must be in writing and signed by both parties and a judge to be enforceable.
What if the parents can’t agree on a parenting plan?
If the parents cannot agree on a parenting plan on their own, they can go to court and ask the judge for a temporary order. The Court will first send them to Conciliation Court where a trained mediator tries to help the parties agree on a parenting plan. In Los Angeles conciliation services are free. An appointment can be made by calling conciliation services at (213) 974-5524.
If the parties still cannot reach an agreement, the court will issue a temporary custody and visitation order that is in the best interest of the children. The temporary order will continue until the parties can reach an agreement or until custody and visitation is resolved after a trial.
If the parents cannot agree on custody and visitation, they can also ask the court to appoint a mental health expert, such as a psychologist, to conduct a custody evaluation. A list of custody evaluators can be found on the Los Angeles Court website at http://www.lasuperiorcourt.org.
What does a parenting plan include?
When parents decide on a parenting plan, they should develop a plan around the needs and best interests of their children and not their needs or schedules. In other words, they should fit the plan to the children, not the children to the plan. Parents must consider their children’s need for love, emotional support, and security. Parents should take into account the age, personality, and experiences of their children. Children will generally be better off when both parents are involved and participate in their upbringing.
Any parenting plan will need to provide for who gets “legal” custody and who gets “physical” custody of the children.
“Legal” custody means which parent can make important decisions about the children’s education, religious upbringing, medical treatment, and other legal decisions. If one parent gets to make these decisions, he or she has “sole legal custody.” If both parents can make those decisions together,
have “joint legal custody.” It is rare for one parent to be awarded sole legal custody unless there is a history of the parents not being able to communicate. To decide on issues related to legal custody, the “Joint Legal Custody Attachment” form FL-341 (E), which has been approved by the Judicial Council of California, is helpful. It can be found at http://www.courtinfo.ca.gov/forms/.
“Physical” custody means who the children live with on a daily basis. One parent has “sole” physical custody if the primary residence of the child is with that parent. The noncustodial parent then has visitation rights. The parents have “joint” physical custody if the children live with each parent for significant periods of time during the week.
A parenting plan must be consistent and detailed. It must specify who receives the children, when and where in sufficient detail so that it is easy to understand and apply. The important questions are: who has the children during the week and on weekends? Who transports the children for exchanges and activities? Who receives the children on holidays and vacations? For ideas on parenting plans, you can refer to the forms “Child Custody and Visitation Attachment FL-311” and “Children’s Vacation Calendar Attachment.” These forms have been approved by the Judicial Council of California and can be found at http://www.courtinfo.ca.gov/forms/.
Are there typical parenting plans?
The answer is no. Each parenting plan should be tailored to the needs of each family. However, the following are examples of timeshares that often form the basis of parenting plans.
Freeman Order: One parent has primary custody and the other parent has visitors on alternate weekends and one night a week.
2-2-3 Timeshare: In the first week, Parent 1 has physical custody Monday and Tuesday (2), Parent 2 has Wednesday and Thursday (2), and Parent 1 has Friday, Saturday, and Sunday (3 ). In the second week, parent 2 has Monday and Tuesday, parent 1 has Wednesday and Thursday, parent 2 has Friday, Saturday, and Sunday, and so on.
Timeshare 2-2-5-5: This is generally more appropriate for older children. In the first week, Parent 1 has physical custody on Monday and Tuesday (2), Parent 2 has Wednesday and Thursday (2), Parent 1 has Friday, Saturday, Sunday, Monday and Tuesday (5). In the second week, parent 2 has Wednesday, Thursday, Friday, Saturday, and Sunday (5), and so on.
Some state courts have developed model parenting plans that take into account what is appropriate for children of different ages. The Arizona State Supreme Court has developed a model parenting plan which can be found at: [http://www.supreme.state.az.us/dr/Text/ModelPTPlans.htm].
Any tips for making a parenting plan work?
o Use a calendar so everyone knows the children’s schedules. Put it in a place that is easy for you and the children to see.
o Communicate in a civil and timely manner with the other parent when scheduling conflicts arise. The more notice you give him, the better. These days, email and other online calendar tools can be effective.
o Never put children in the middle of fights.
How do we modify a parenting plan if circumstances change?
Once a court has signed a parenting plan, the parties can change the plan by agreement that they then file with the court. If you cannot agree with one of the parties, you can request that the Court modify the plan. If the plan is part of a final custody determination, that party must show that the change is in the best interest of the children and must also show that there has been a substantial change in circumstances.
I’m afraid my spouse poses a threat to the children when they visit. What I can do?
If there has been domestic violence or one parent believes the other poses a risk to the children, the court may order supervised or monitored visitation. Visits may be supervised by a professional or non-professional monitor, such as a friend or family member. When choosing non-professional parents, it is advisable to choose more than one so that visits are not lost due to lack of a monitor.
The other parent wants to move out of state. What I can do?
In recent years, various appellate court decisions have established the following rule regarding removals. If there has been no court order, the Court looks after the best interests of the children. If there has been a court order and one of the parents wants to modify that order by moving out of state, the legal standard depends on whether the court order provides for joint custody. If the parents have joint custody, the court decides what is best for the child. However, if one parent has primary physical custody (more than 60%), it is much more difficult for the non-custodial parent to avoid the move. They must prove that the move is being made in bad faith or would be detrimental to the child’s welfare.
Links
www.lasuperiorcourt.org
www.courtinfo.ca.gov/forms/
[http://www.supreme.state.az.us/dr/Text/ModelPTPlans.htm]camft.org