Custody and Visitation

Through the handling of many cases involving child custody, MMD has come to the conclusion that a brief explanation of family law procedure in California is helpful. This information is not intended as legal advice.

If the issue of child custody should arise in your case, you should be aware of California law in this area. Essentially, the law prefers a "joint legal custody" order, where both parents are involved in major decisions affecting a child, such as major medical procedures, schooling, religious training, and the like. Physical custody of a child is generally awarded to one party based upon the court's perception of what would be best for the child. The non-custodial parent is then given liberal visitation rights, either on a flexible schedule or on a rigid schedule basis. Some parents arrange a "joint physical custody" plan and share physical custody.

In cases where there is a dispute about physical custody or a visitation schedule, the Court will require the parents to meet with a court mediator to discuss those issues. In most counties in California, the mediator will make a written recommendation to the court if the parents cannot agree.  In the absence of an agreement to the recommendations of the mediator, the court will decide the case after listening to the parties and any witnesses (the child never testifies).

The Court can order a custody evaluation by a psychologist with special training and expertise in child custody. After the psychologist concludes the evaluation a report is sent to the judge who often follows the psychologist's recommendations.