Family Law
Custody & Visitation
When you and your spouse or significant other separate or divorce, you must determine who will have custody of your children and how they will be cared for. You must also determine a reasonable visitation or time share schedule which sets out how and when each parent will spend time with the minor children. There are two types of custody orders a judge may order; physical and legal custody.
Physical and Legal Custody
The difference between physical and legal custody is defined below:
- Physical Custody: determines who your children will live with. The court may award sole physical custody to one parent or joint physical custody to both parents.
- Legal Custody: determines who will make decision for your children in regards to matters such as education, health, and general welfare.
Visitation Orders
The parent who is not awarded physical custody will either have reasonable visitation, supervised visitation, or no visitation at all with the minor children depending on the circumstances.
Married Child Custody and Visitation
If you are married and are having custody and visitation disputes with your spouse you must file for divorce, legal separation, or a restraining order before you can the Court for child custody and visitation orders.
Unmarried Child Custody and Visitation
If you have children with a significant other and are not married, you must file a Petition to Establish Parentage before asking the Court for child custody and visitation orders. However, if parentage has already been established through the court, a Petition to Establish Parentage is not necessary.
Child Custody and Visitation Battles
In a perfect world, both parents would always agree on the custody and visitation terms. But in the real world parents seldom agree on all terms. When there are disagreements between parents, they are usually scheduled to meet with a mediator with Family Court Services and appear before the Judge of the Court who makes the final decision via an Order to Show Cause. In limited emergency circumstances, a parent may appear before the Judge of the Court before meeting with a mediator and get temporary custody orders via an Ex-parte Order to Show Cause.
The Best Interest of the Children
The court will always make orders that are "In the best interest of the children." The judge will primarily focus on the children's safety, health, and overall wellbeing in determining which parent will get custody. The court will usually consider the following when making custody orders:
- The children's health and age.
- Whether or not there is a history of domestic violence.
- Whether or not there is a history of family substance abuse.
- Emotional connections between the parents and children.
- The parent's ability to care for the child.
- Children's connection to school, his or her community, and home.
Let Us Prepare Your Child Custody
and Visitation Documents Today!
If you have any additional questions and would like for us to prepare and file an Order to Show Cause for child custody & visitation orders or respond to an Order to Show Cause regarding child custody & visitation orders, feel free to call us at (888) 335-6258. Trust us, preparing the child cusytody & visitation forms are confusing, so you should seek professional help. We also help our clients get the child support they deserve. We are professionals with several years of experience. We can assure you that your child custody & visitation documents will be typed and prepared in a professional and competent manner. We provide all custody & visitation documents and forms needed so that all you need to do is sign and appear in court. Plus we offer free consultations! Below is a list of forms that may be needed to file for child custody & visitation orders:
- Order to Show Cause
- Notice of Motion
- Application for Order and Supporting Declaration (Family Law-Uniform Parentage)
- Income and Expense Declaration (Family Law)
- Responsive Declaration to Order to Show Cause or Notice of Motion
- Findings and Order After Hearing (Family Law-Custody and Support-Uniform Parentage)
- Child Custody and Visitation Order Attachment
- Supervised Visitation Order
- Children's Holiday Schedule Attachment
- Attachment Provisions - Physical Custody Attachment
- Joint Legal Custody Attachment
- Child Support Information and Order Attachment
- Notice of Rights and Responsibilities - Health Care Costs and Reimbursement Procedures, and Information Sheet on Changing a Child Support Order
- Order/Notice to Withhold Income for Child Support
- Additional Page-Attach to Judicial Council Form or Other Court Paper
The information above has been attorney-approved. Please read our disclaimer.