Virtually all couples who are divorced in California with children have to go to court to share custody of their children or even find a way not to, but in reality How can I not share custody of my children in California? This is one of the questions that these people often ask themselves.
Custody and Visitation in California
when talking about child custody, refers to the rights and duties that one or both parents have with respect to their minor children, if they do not comply with their duties, the State will have every right to intervene in the matter, so that the minor has a better quality of life.
On the other hand, when it comes to visits, it refers to the time that the children will be with their parents, that is, the time they will share.
keep that in mind in California a judge is the one who will decide if both parents will have custody or only one, in addition to defining the visits that parents will have with their child.
Types of Custody Orders 👈
Keep in mind that there are several types of custody orders and that when going through an application process non-shared custody of the children, It is important for parents to familiarize themselves with these terms so that there is no confusion, as this is what we will discuss below about custody orders.
#1.- Legal custody
Legal custody refers to who is the one who has the right to take the The child’s most important decisions in this case may include the child’s health, education, religion, travel, sports, residence, and welfare.
It is worth mentioning that, depending on whether both parents share custody or if only one has custody, it is the one who will make this type of decision, that is, if it is shared, both have the same rights, but if it is not shared. whoever has it will be its legal representative and who will have that responsibility.
#2.- Physical custody
The physical guard is Who do the minors live with? It is also known that this type of guard can be in two ways:
#2.1.- Shared physical custody
Here it refers to the fact that the children live with both parents, but without alluding to the fact that the time shared between the two is necessarily the same, because with one of the two they will spend more time.
#2.2.- Exclusive or primary physical guard
When physical custody is primary, children live with one parent and visit the other, so although they can live with both parents, they will spend more time with one, since it is difficult for both to care for and spend the same time.
Types of visit requests 👈
You types of visitation orders They are another essential issue when applying for child custody in court and to be clear, they will be mentioned below:
#1.- Visit according to a specific schedule
in so many cases it is more convenient to establish a schedule so that parents can have in detail the time they should spend with their children without any problem.
For this reason, both parents often, along with the court, develop a schedule with schedules, where the time that each parent will be with the children is defined.
It should be considered that, in the preparation of this plan, the holidays and special occasions for them.
#2.- Visits by mutual agreement between parents
Unlike the previous type of visit, in this case it is the parents who decide their visits, therefore it is necessary that both agree.
It should be noted that if the parents do not get along this type of visit is not advisable, as it can cause harm to minors.
#3.- Supervised visit
this type of visit occurs when you want to ensure the safety of the child and a family member, the other parent, or a professional must be present at the time this parent visits to spend time with them.
#4.- No visits
As the name implies, this is when one of the parents does not have the right to visit their children or with surveillance, which occurs because they can cause harm to the minor, thus preventing their presence.
These are the types of visitation and custody that are normally carried out in California, so it is important to know yourself and more when you are in these processes, as already mentioned.
What does the Court consider when deciding on the custody and visitation regime of the “children”?
In court, judges, when awarding custody of children, always take into account the well-being of the minor, that is, assess the situation with both parents and from there they make a decision, and for this the court takes into consideration the following:
#1.- Age of children
The age of the minors.
#two.- children’s health
The court assesses who they live with at the time of the trial and what the state of the child’s health is, whether he seems healthy, well fed or not.
#3.- The emotional ties that parents establish with their children
As not all cases are the same and in many of these events the children develop stronger ties with one of the parents than with the other.
#4.- The capacity and time of the parents.
This point is basically about the emotional capacity of the parents to have a family, and the responsibility to support a child, and the time available to share and care for him or her.
#5.- background at home
If either parent has been in prison or has a history of drug addiction, alcoholism, abuse, or another crime.
#6.- The child’s ties with his environment.
That is, the sentimental and affective bond that every child develops from the place where he grew up, the love for school, neighbors, friends, the places he frequents, among others.
As you can see, there are several factors that judges usually take into account when deciding on custody or visitation of children since they generally seek that minors suffer less and have good living conditions.
How do I get a custody and visitation order?
In many cases, the parents themselves reach an agreement on custody and visitation of their children. without the need for a court order, However, if the parents themselves reach an agreement, but one of them does not comply, it is at that moment that they must appear in court to decide what to do.
On the other hand, if the parents decide to apply for a court order if one of them does not comply, they can do so, so the court has the right to act if one of the two disobeys the agreement they had previously reached. . Finally, the judge must approve the paternity agreement, sign it and then send it to the bailiff.
Generally speaking, if the parents cannot agree on custody and visitation of the children the judge will see the need to send this process to mediation, and it is up to him a mediator or an officer from Family Justice Services to find the best solution to the problem.
Nevertheless, not all cases in which the Family Court Services are attended and a solution is not reached because the parents cannot reach an agreement, and if so, they must go back to the judge and it is this one who ends up making the decision that he deems convenient for the benefit of the minors .
Mediation: California Family Court Services 👈
EITHER Family Court Service is a program whose main objective is to guide and help parents who are divorcing and who have problems so that they can make an appropriate decision regarding visits and custody of their children, with the aim of guaranteeing the minor a good life .
Parents often come to this mediation program. when you can’t agree on custody and visitation after divorce
Once the parents reach an agreement, one of the mediators of this program will help them write a parenting plan for your children, that once concluded, the judge must sign it and at this moment an order will be issued. both parents must obey.
The role of mediation is as follows:
help parents to create a parenting plan that works in the best interest of your children.
That with this plan of parents the children they can keep in touch and spend time with their parents no inconvenience.
Guide them so they can properly manage your anger.
These are the purposes for which this family court services program in the state of California, since the custody and visitation situation is not positive in all cases and there are many parents who have certain problems in agreeing what is necessary to participate in this program.
How to find affordable family law attorneys?
There are many cases in which couples who are going to divorce, in addition to having children, can’t afford a lawyer that’s too expensive to carry out the guardianship process and, in general, the entire family law issue.
That’s why you you can apply for legal aid or legal services, which are agencies that provide free or low-cost legal assistance to all citizens who cannot afford a family law attorney.
Therefore, in these cases you have the right to ask the judge to provide you with a lawyer from legal services to represent you in court or you can simply contact some of the offices directly and present your case.
This article, based on how to avoid sharing custody of my children in california , contains useful information for anyone interested in this topic. In the same way I want to invite you to keep reading our blogs that have content so you can stay informed in our next publications Likewise, if you want to leave us a comment, you can write it at the end, in the comments section.
