The Courts of California prefer that both parents maintain frequent contact with children after a divorce. This is accomplished through custody designations and parenting plans.
At the law firm of Patterson, Hanna & Associates, our lawyers have more than 25 years of experience handling custody and visitation matters for people in North Orange County and beyond. We have experience creating custody arrangements that work for both parents and benefit your child. We can help you.
Legal & Physical Custody
Child custody is divided into two categories:
- Legal Custody — The right and responsibility of parents to make decisions relating to the health, education and welfare of the child.
- Physical Custody — Where the child resides and which parent has the primary responsibility of the child. Generally, one parent is designated as the primary custodial parent. That means this parent takes on the work of raising and providing the child with their everyday needs. Joint custody is when both parents share the responsibility of raising the child/children.
In determining the actual custodial designation of legal and physical custody that would work best for you and is in the best interests of your child, contact Patterson, Hanna & Associates for a consultation. This designation could substantially affect later decisions in the upbringing of your child such as your ability to move, make medical and dental decisions, religion, school decisions and extracurricular activities.
Visitation & Parenting Plans
Once legal and physical custody has been determined, the next issue is visitation. The parent that does not have physical custody of the child has visitation rights. If you cannot agree on a visitation schedule or parenting plan, the court will make the decision for you. The court will base its decision on what it perceives to be in the best interest of the child. Our attorneys can help you establish a parenting plan that meets your goals and the needs of your children.
Mediation
The court requires that you and the other parent attend and participate in a Court Mediation conference. The mediation is for the parents and deals only with the issues of custody and visitation. The mediation does not deal with financial issues. If an agreement is reached at mediation, the court mediator will issue a report and present it to the Judge prior to your hearing date. On the day of your hearing, the Judge will turn your agreement into a court order with your consent.
If an agreement is not reached, the mediator may provide a recommendation to the Judge with comments or further counseling recommendations. Neither parent is legally obligated to enter into an agreement with the other parent. Neither parent is required to agree with the mediator's recommendations. But both parties must attend the mediation and participate in the discussion.
Start With a Consultation
To schedule a consultation with our California law firm, call us at 714-888-4834 or send us an e-mail.