Family Law Issues Involving Children

Children are often the most hotly contested issue in a divorce. Which parent will they live with? How often will the other parent be able to spend time with the child? Which parent will make decisions regarding schooling, summer plans, and health care? It is always best if parents can come to an agreement between themselves regarding these issues. If not, however, the court will step in and make decisions regarding child custody and visitation, as well as child support.

Custody
There are two important concepts regarding child custody: (1) legal custody and (2) physical custody. Legal custody refers to who makes decisions related to the health, education and welfare of the child. Physical custody refers to where the child lives, and the amount of time the child spends with each parent. California’s public policy is to ensure that children have continuous and frequent contact with both parents and to encourage parents to share custody except where contact between parent and child would not be in the best interest of the child (for example, in cases of child abuse or domestic violence.) If the parents are able to come to an agreement regarding legal and physical custody, they can determine the custody arrangement. The court will then enter this arrangement as a custody order. If the parents are unable to agree, the court will determine custody by considering a variety of factors, including the child’s age and stage of development, and the strength or quality of the parent-child relationship.

Visitation
California encourages continuous and frequent contact between a child and both of its parents. The parents can either agree on a visitation schedule, or, if they are unable to agree, the court will set one. The court will use many factors in deciding the visitation schedule including the age of the child, his or her emotional and social needs, and the level of communication between the parents. Changing a court-ordered visitation schedule is possible, but normally requires some kind of change in circumstances.

Support
Child support is financial assistance paid by a parent for a child’s care and maintenance. Both parents are responsible for the support of their child. In California, the amount of child support is determined by uniform guidelines that take into account the parents’ financial circumstances and the amount of time spent with each parent. Parents can decide to vary from the state guidelines, but a court presumes the amount is correct if it is set by the guideline formula. Child support can be modified if there is a change in circumstances, such as a change in income, or in custody or visitation. Generally, child support is paid until a child turns 18 years of age.

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