Family Law - Custody and Visitation
Parents who separate will need to have a plan for deciding how they
will share and divide their parenting responsibilities. This plan
can be called a parenting plan, a time-share plan, or an agreement
regarding child custody and visitation. In California, either parent
can have custody or the parents can share custody. The judge makes
the final decision but usually will approve the arrangement both parents
agree upon.
If parents cannot agree on long-term custody, the judge will make
temporary custody orders until long-term custody is ordered. The judge
usually will not make a decision on temporary or long-term custody
until after the parents have met with a
child custody recommending counselor.
The law requires judges to award custody according to the best interest
of the child. In most cases, judges give custody to one or both parents
and occasionally to a friend or relative, depending on circumstances.
Modifications: After the court makes permanent orders, one
or both parents may want to modify, or change, those orders. The court
will usually have the parents meet with the child custody recommending counselor to discuss the
reason for the requested change. The court will then make appropriate
orders.
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