Presentation by Meredith Lewis

One of the most litigated areas of family law is custody and visitation. The emotions of people when an issue involves their children run very high. It is always in the children’s best interest if the parties can communicate and reach an agreement regarding custody. It is very hard for children when parents have to go to court, and then discuss the court hearings in front of the children.

There are two types of custody in California; physical custody and legal custody. Physical custody is the child’s primary residence. There can be sole physical custody, where the child primarily resides with one parent and has a set parenting plan (visitation) with the other parent. Physical custody can also be joint, where the child spends approximately fifty percent of the time with each parent. Legal custody is making important decisions regarding the child’s welfare, such as medical or education decision. Legal custody is generally joint, with each parent sharing in this right. However, there are some circumstances where a parent may have sole legal custody, as the other parent does not have the capability, or shouldn’t be, making these decisions.

It is always recommended for parties to try mediation prior to litigating custody and to take parenting classes to help the children through the divorce process. It is also imperative that parties do not speak negatively about the party in front of the children, as this will have long-term, negative ramifications on the children.