| Custody and Visitation in the Divorce Process | | | | being unable to communicate. In deciding on |
| in Los AngelesHow can parents decide on a | | | | issues relating to legal custody, form "Joint |
| parenting plan?Parents who separate must have | | | | Legal Custody Attachment" FL-341 (E) which |
| a parenting plan for deciding how they will | | | | has been approved by the Judicial Council of |
| share parenting responsibilities. A parenting | | | | California is helpful. It can be found at |
| plan must be in writing and signed by both | | | | custody means who the children live with on a |
| parties and a judge to be enforceable.What if | | | | daily basis. A parent has "sole" physical |
| parents cannot agree on a parenting plan?If | | | | custody if the primary residence of the child |
| parents cannot agree on a parenting plan on | | | | is with that parent. The non-custodial parent |
| their own they may go to court and ask a | | | | then has visitation rights. The parents have |
| judge for a temporary order. The Court will | | | | "joint" physical custody if the children live |
| first send them to Conciliation Court where a | | | | with each parent for significant periods of |
| trained mediator tries to help the parties | | | | time during the week.A parenting plan should |
| agree on a parenting plan. In Los Angeles | | | | be consistent and detailed. It should spell |
| conciliation services are free. An | | | | out who gets the children when and where in |
| appointment can be made by calling | | | | enough detail so that it is easy to |
| conciliation services at (213) 974-5524.If | | | | understand and enforce. Important questions |
| the parties still cannot agree, the Court | | | | are who has the children in the week and on |
| will make a temporary custody and visitation | | | | the weekends? Who transports the children |
| order that is in the best interests of the | | | | for exchanges and to activities? Who gets the |
| children. The temporary order will continue | | | | children on holidays and vacations? To get |
| until the parties can reach an agreement or | | | | ideas for parenting plans you can take a look |
| until custody and visitation is resolved | | | | at forms "Child Custody and Visitation |
| after a trial.If parents cannot agree on | | | | Attachment FL-311 and "Children's Holiday |
| custody and visitation, they can also ask the | | | | Schedule Attachment." These forms have been |
| court to appoint a mental health expert such | | | | approved by the Judicial Council of |
| as a psychologist to carry out a custody | | | | California and can be found at there typical |
| evaluation. A list of custody evaluators can | | | | parenting plans?The answer is no. Each |
| be found at the Los Angeles Court's web site | | | | parenting plan should be tailored to the |
| at goes into a parenting plan?When parents | | | | needs of each family. The following are, |
| decide on a parenting plan they should | | | | however, examples of timeshares that often |
| develop a plan around the needs and best | | | | form the basis of parenting plans.Freeman |
| interests of their children and not their | | | | Order: One parent has primary custody and |
| needs or schedules. In other words, they | | | | the other has visitation on alternate |
| should adjust the plan to the children, not | | | | weekends and one evening a week.2-2-3 |
| the children to the plan. Parents should be | | | | timeshare: In week one, Parent 1 has |
| looking at their children's need for love, | | | | physical custody on Monday and Tuesday (2), |
| emotional support and security. Parents | | | | Parent 2 has Wednesday and Thursday (2), and |
| should take into account their children's | | | | Parent 1 has Friday, Saturday and Sunday (3). |
| age, personality and experiences. Children | | | | In week two, Parent 2 has Monday and Tuesday, |
| will generally be better off when both | | | | Parent 1 has Wednesday and Thursday, and |
| parents are involved and participating in | | | | Parent 2 has Friday, Saturday and Sunday, and |
| their upbringing.Any parenting plan will have | | | | so on.2-2-5-5 timeshare: This is generally |
| to make provision for who gets "legal" | | | | more appropriate for older children. In |
| custody and who gets "physical" custody of | | | | week one, Parent 1 has physical custody on |
| the children."Legal" custody means which | | | | Monday and Tuesday (2), Parent 2 has |
| parent gets to make important decisions about | | | | Wednesday and Thursday (2), Parent 1 has |
| the children's education, religious | | | | Friday, Saturday, Sunday, Monday and Tuesday |
| upbringing, medical treatment and other legal | | | | (5). In week two, Parent 2 has Wednesday, |
| decisions. If one parent gets to make these | | | | Thursday, Friday, Saturday and Sunday (5), |
| decisions they have "sole legal custody." If | | | | and so on.Some state courts have developed |
| both parents get to make those decisions | | | | model parenting plans that take into account |
| together, they | | | | what is appropriate for children of different |
| | | | ages. The Supreme Court for the State of |
| have "joint legal custody." It is rare for | | | | Arizona has developed a model parenting plan |
| one parent to be granted sole legal custody | | | | that can be found at: tips for making a |
| unless there is a history of the parents | | | | parenting plan work? |