San Bernardino & Riverside Custody/Visitation

Oftentimes, child custody is the most contentious aspect of a California divorce.  Personal feelings are strong as each parent believes that he or she should have custody of the children involved.  At the San Bernardisheno/Riverside Family Law Office of Michael R. Young, APC, we help our clients make well-informed decisions that are based on their children’s best interests, rather than decisions that are based on emotions.

Custody Overview
As with many other issues in  California divorces, legal separations, and domestic violence cases, the court is the one who orders which parent should have physical custody of any children involved.  If the parents are unable to agree as to how custody and visitation should be arranged, it is up to the court to make such decisions.  California recognizes two forms of custody -- physical custody and legal custody.  Physical custody, also known as primary custody, refers to where the children will primarily reside.  Legal custody references the responsibility and rights of each parent in making decisions regarding the child’s rearing that include education, religion, medical issues, etc.  It is important to note that California law encourages joint custody, allowing for both parents to have the rights and responsibilities of rearing the children. 

While for the most part child custody and visitation are typically issues of divorce and legal separation, they are also issues that arise when two unmarried parents split up and/or decide that the parent who has had custody (whether legally or not) is doing something wrong.  It is important to note that the parents do not have to be living at the same residence with the children in order to be awarded primary physical custody.  This means that if, in order to avoid a domestic violence situation, one parent leaves the home, he or she can still file for and be awarded primary physical custody of the children.  

Who Will Get Custody?
As stated, custody battles are often contentious.  It is important for both parents to take into consideration what is in the best interest of their children at this time.  In determining custody issues, California courts will first and foremost look toward the health, safety, and welfare of the children.  In addition, the courts look at:

• the age of the children
• the desired preference of the children (especially when a child reaches a certain age)
• the child’s current living arrangements
• the location of the child’s school 
• the child’s health
• the health of each parent
• the income of each parent
• the living situation of each parent
• the employment status and earnings of each parent

After carefully review of all of these things, the court will then make a decision as to what is in the best interests of the children. 

About Visitation
Commonly, the parent who does not have primary physical custody will be given specified periods of time to spend with the children.  Such periods may be alternating weekends, one or two evenings per week, one-half of the children’s school vacations, certain holidays, etc. In some instances, when the parents agree, secondary primary physical custody will be given to the other parent, which allows the parents to arrange between themselves when each will have physical custody of the children.  It should be noted that in some instances in which domestic violence may be a factor, the court may require that the visitation be supervised by a court-appointed professional.   In addition, it should be noted that during the divorce, legal separation, or domestic violence case, the issue of a grandparent’s rights to visitation should be dealt with at the same time.  

In trying to reach a favorable custody and visitation agreement, many parents simply do not know where to start.  As an experienced, compassionate, San Bernardino/Riverside Family Law attorney, Michael R. Young has successfully guided thousands of clients through the legal process of child custody disputes and visitation.  If you are thinking about filing for custody or need help with a child custody or visitation issue, please contact the San Bernardino/Riverside Family Law Office of Michael R. Young today.