Child Custody and Visitation

At Voloshko Law Office, PC in Walnut Creek, CA, our family law attorneys help parents navigate child custody and visitation cases throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties. California custody cases aim to determine the best arrangement for a child's welfare, safety, and stability.

1. Types of Custody

California law recognizes two main types of custody:

A. Legal Custody

   •    Sole Legal Custody: One parent has the right to make decisions about the child's health, education, and welfare.

   •    Joint Legal Custody: Both parents share decision-making responsibilities.

B. Physical Custody

   •    Sole Physical Custody: The child lives with one parent, while the other may have visitation rights.

   •    Joint Physical Custody: The child spends significant time living with both parents.

2. Visitation Rights

If one parent has sole physical custody, the other parent typically has visitation rights. Types of visitation include:

   •    Scheduled Visitation: A specific schedule is outlined, such as weekends, holidays, or school vacations.

   •    Supervised Visitation: A third party supervises visits if there are concerns about safety.

   •    No Visitation: If the court determines visitation would harm the child, it can deny visitation.

3. Filing a Custody Case

A. When Parents Are Married

   •    File for custody as part of a divorce or legal separation case.

B. When Parents Are Unmarried

   •    File a Petition to Establish Parental Relationship (Form FL-200) to seek custody, visitation, and child support orders.

4. Mediation

Before a court hearing, California requires parents to attend child custody mediation through Family Court Services (FCS).

   •    A neutral mediator helps parents create a parenting plan.

   •    If no agreement is reached, the mediator may submit recommendations to the judge.

5. Factors Considered by the Court

The court prioritizes the child's best interests, considering:

   •    Health, safety, and welfare of the child

   •    History of abuse or domestic violence

   •    Continuity and stability (e.g., maintaining current routines, schools, or relationships)

   •    Parent-child bond

   •    Parental cooperation and communication

   •    Substance abuse by either parent

   •    Child's preference (if the child is of sufficient age and maturity)

6. Emergency Custody Orders

   •    In urgent situations, such as domestic violence or neglect, a parent can file for an emergency custody order using Form FL-300.

   •    These orders are temporary until a full hearing is held.

7. Court Hearings

   •    Each parent presents evidence, witnesses, and arguments about what custody arrangement is in the child's best interest.

   •    Judges may rely on recommendations from mediators or child custody evaluations.

8. Modifying Custody or Visitation Orders

If circumstances change (e.g., a parent relocates or the child's needs evolve), either parent can request a modification by filing a Request for Order.

9. Enforcement of Orders

   •    If a parent violates custody or visitation orders, the other parent can file a Request for Order to enforce compliance. Violations may result in fines or changes to custody arrangements.

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a child custody attorney in Walnut Creek, CA.