What is involved in a Child Custody and Visitation case?

In California, Child Custody matters are some of the more contentious and complex. Child Custody involves the Court ruling on the kind of Custody (Joint or Sole - Legal and Physical) and Visitation ("Parenting Plan") with regards to the children involved. When developing and fighting for a "parenting plan" best for not only you, but your children as well,  confident and clear guidance is essential.

What are the Different kinds of Custody?

In California, the distinction between physical and legal custody of a child is significant and defined by statute and case law. Physical custody refers to the actual care and supervision of the child, including where the child resides. It involves the day-to-day physical care and control of the child. Legal custody, on the other hand, refers to the right and responsibility to make decisions regarding the child's health, education, and welfare. This includes major decisions such as medical care, schooling, and religious upbringing.

Physical custody can be sole or joint. Sole physical custody means the child resides with and is under the supervision of one parent, though the court may order visitation for the other parent. Joint physical custody means the child spends significant periods of time with both parents, ensuring frequent and continuing contact with each parent. Legal custody can also be sole or joint. Sole legal custody grants one parent the exclusive right to make decisions about the child's welfare, while joint legal custody allows both parents to share this decision-making responsibility.

The Court may grant joint legal custody without granting joint physical custody. In such cases, both parents share decision-making authority, but the child may primarily reside with one parent. Additionally, the term "joint custody" generally refers to both joint legal and joint physical custody unless otherwise specified.

General Outline of a Child Custody Matter

The following outline is a general outline and does not pertain to any case directly. Each case is different and may require different steps. For more information regarding your case specifically please reach out and schedule a consulation with Ms. Scharf.

Initial Filing or Modifications Needed

The first step is determining if there is a current Child Custody order made by the court that needs to be modified or if appropriate documents need to be filed to initiate a matter.

Potential Parenting Orientation

In many counties, parents are required to complete an online or in-person parent orientation program. This program provides information about the impact of separation on children and how to develop a parenting plan. 

Mediation

Mediation is a mandatory step in California child custody cases. The parties meet with a court-appointed mediator to attempt to resolve custody and visitation disputes. If no agreement is reached through mediation, the mediator may provide a report to the court outlining unresolved issues and, in some cases, recommendations.

Court Hearing

If the parties cannot reach an agreement through mediation or settlement agreement, the matter proceeds to a court hearing. The court considers evidence, including the mediator’s report, custody evaluation, and any other relevant information, to make a custody determination based on the best interests of the child.

Retaining Taryn Scharf

Child Custody matters can be complex, emotional, and contentious. It is important to be able to navigate this system with clear and confident guidance ensuring the most accurate representation of yourself in the eyes of the court. Taryn Scharf through years of experience with cases involving children is confident in her abilities to represent you and assist you through this process. Ms. Scharf strives to resolve matters outside of the courtroom through negotations; however, understands that litigation cannot always be avoided. Ms. Scharf is prepared to aggressively represent you and ensure the court accurately understands your position and case.

Contact Sharf Law, P.C.

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