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