Tag: <span>Parenting Plan</span>

Visitation Schedules

March 15, 2022February 25, 2022
by Briana White

Between school and work schedules, the modern family has a lot going on. As a result, even when both parents are qualified, it’s not always possible for California courts to split a child’s time fifty/fifty.

When this happens, the court will sometimes choose a primary residence for the child, and award the non-resident parent ample visitation.

Visitation comes in several types and can be either scheduled or not. This important parental right ensures both parents have time to cultivate a meaningful relationship with their child and to influence how they’re raised.

Here’s what you need to know about visitation schedules in California, and what Maples Family Law can do to help you figure out the plan that’s right for your family.

What is Visitation?

Visitation is a critical part of child custody, and refers to the allotted parenting time given to a non-custodial parent. This in-person time is critical to maintaining parental rights, and ensures both parents have access to their child.

When visitation is planned in advance, this is called a visitation schedule. Visitation schedules can be as detailed or flexible as parents can handle; some need everything planned out, while others work better on an as-needed basis.

Visitation—whether scheduled or not—is only really applicable in situations where one parent is assigned sole physical custody. If both parents have their child for an equal (or close to) amount of time, this is called joint custody.

In California, all custody decisions—including visitation—will be determined, according to a child’s best interest.

Figuring Out the Visitation That’s Best for Your Child

The best interest of the child is a legal standard that makes a child’s long-term health and wellbeing the driving force behind every decision made.

When applied to custody and visitation, the court will weigh a number of different individualized facts, and choose the outcome that will serve your child best.

Some of these considerations include:

The child’s age;
The child’s health;
The child’s relationship with each parent;
The child’s ties to school, home, and community;
Each parent’s ability to care for the child; and,
Any history of family violence or substance abuse.

Judges are also free to consider any other tidbits they think might be relevant to this decision—though, we should point that, that a parent’s wishes will never be one of those morsels.

Types of Visitation

Like with everything else in family law, visitation isn’t a one size fits all situation. Families are each unique, and thus, each will need an arrangement tailored to their child’s unique needs.

To accommodate all these varying needs, California family law offers four main types of visitation. These include:

Scheduled Visitation
Reasonable Visitation
Supervised Visitation
No Visitation

Here’s a closer look at each of these, and when you might use one over the other during a custody dispute.

1. Scheduled Visitation

When people think of visitation, scheduled visitation is usually what comes to mind. In this arrangement, a child’s time with each parent is planned out—often in fairly significant detail.

Often, this calendar often will include information about:

The dates and times with each parent;
Drop off times and locations;
Where the child will spend major holidays;
Who gets the child on birthdays;
School schedules, summer holidays, and family vacations; as well as,
Directions for how special events will be handled.

Contrary to popular belief, parents do not have to use the court in order to get a scheduled visitation. Parents are always free to make their own parenting plan, and can tailor it to meet their family’s specific needs. If you can’t, though, then the court will draft one for you.

This is usually done using a standard visitation schedule as a starting point. These standard schedules come in a variety of different formats, such as alternating weeks, every other weekend, and even age appropriate schedules, depending on the child’s needs. (For example, a daytime only schedule for a newborn baby.)

Scheduled visitation is often preferred over other types of visitation, since both parents know what to expect. This helps them to avoid conflict, and provides children with a set routine. However, not all parents like the rigidity of a scheduled arrangement, which is why some choose our next option.

2. Reasonable Visitation

Unlike scheduled visitation, reasonable visitation does not try to plan everything out. Instead, parents agree to allow the other a “reasonable” amount of time with the child, and get to decide—on their own—what, exactly, that means.

Reasonable visitation is essentially an open-ended, “fly by the seat of your pants” arrangement, and offers families a lot of benefits. Like flexibility, and ongoing communication. Because of this, they work particularly well for amicable divorces, unmarried parents, and those with unpredictable work schedules. However, it’s definitely not for everyone.

With no structure in place—or, even a definition of what “reasonable” might be—this type of visitation can easily lead to disagreements, requiring parents to head back to court again, later on down the road.

3. Supervised Visitation

In a supervised visitation arrangement, a parent’s time with their child is chaperoned. This can be done either by a neutral third party (such as a family friend or family member), or, in some cases, may require a paid professional (such a social worker).

Judges usually require supervised visitation, when the health and safety of the child are in question. Sometimes, this is because of domestic violence. Other times, the court might be worried about mental illness, substance abuse, or even, parental abduction. However, supervised visitation doesn’t always mean you’ve done something bad.

Supervised visitation is also used to help parent and child ease into a relationship, if the two haven’t seen each other in a long time.

4. No Visitation

And finally, there’s our least commonly used type of visitation: no visitation.

We say “least commonly used,” here, because parental rights are pretty dang important in California. Hence, in order for the court to completely restrict a parent’s access to their child, the threat of harm has to be fairly significant.

This is usually implemented in cases of known domestic violence, where the threat of physical and/or emotional harm still exists. In California, the court will not put a child in danger just to uphold a parent’s right to access. That being said, keep in mind that you (as a parent) don’t get to make that call.

In California, parents are not allowed to withhold visitation for any reason. Doing so could put your own parental rights at risk, and prompt the court to reevaluate your custody order.

If you believe your child is in danger, then you should call the authorities. Afterwards, talk to your family law attorney about filing a formal case.

Do You Need Help with a Visitation Schedule in California?

As a divorced or unmarried parent, your allotted parenting time is a critical part of establishing and maintaining a relationship with your child. That’s why it’s so important to have the right attorney fighting for your rights during a custody dispute.

If you have more questions about visitation schedules in California, and how one might work in your situation, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us fight for the arrangement that’s in your child’s best interest.

Child Custody

Where Will My Child Live?

March 8, 2022April 12, 2022
by Briana White

For a parent, nothing is more stressful than staring down the uncertainty of a child custody battle. You’re worried about how they will cope, what they will think, and—perhaps most importantly—where they will live.

The bad news is: we don’t know where your child will live. Parenting time decisions are made on an individual, case by case basis, so it’s impossible to predict the outcome of your dispute.

The good news is: California courts want what’s best for your child; and this means splitting your child’s time as close to equal as possible.

If you’re worried about where your child will live, read on to find out more about how California courts determine child custody, and what Maples Family Law can do to help you navigate these important issues.

Child Custody: Where Will My Child Live?

To answer the question, “Where will my child live?” we first have to look at child custody, as a whole.

In California, child custody isn’t just about where a child will live. It’s also about who has the authority to make decisions on behalf of that child, and the power they have to influence how that child will be raised. This division breaks child custody down into two main groups:

Legal custody
Physical custody.

A parent who has legal custody has the right to make decisions about their child’s health, schooling, medical care, and religious exposure, and to be involved in all major and minor decisions regarding their child. On the other hand, a parent with physical custody has the right to spend time with their child, and to live under the same roof.

When parents get divorced, the court can no longer assume their child-rearing goals are aligned. As a result, these custody powers must be divided.

Exactly where your child lives—and who gets to make that call—will hinge heavily on how the court divides these powers.

Dividing Child Custody: Joint vs. Sole

In dividing child custody, California courts have options. They can either make parents share, or give power to one parent, alone.

Joint custody occurs when parents must share power.
Sole custody occurs when only one parent has authority.

Both legal and physical custody can be either shared, or given to only one parent, alone.

As a general rule, California courts will almost always divide legal custody equally between parents. Joint legal custody gives both parents an equal say in things like health, education, how their child will be raised. Judges won’t award sole legal custody unless it’s absolutely in a child’s best interest (usually in cases of abuse or neglect).

Physical custody, on the other hand, is another matter. Due to busy schedules, distance, and a myriad of other factors, dividing a child’s time equally between parents can be challenging.

That being said, it’s also pretty dang important, because the division of physical custody plays a huge role in where your child will live.

Sole Physical Custody

A parent with sole physical custody is the primary caretaker for their child, and has a lot of discretion in deciding where their child will live. In California, this often goes hand in hand with sole legal custody (though, not always).

A sole custody parent is still bound by the other parent’s visitation order, however, so they can’t relocate out of state without judicial permission. If an out of state move was requested, the court would revisit the custody order, to see if another visitation arrangement would work better.

Joint Physical Custody

Joint custody is favored by California courts. However, even when both parents are qualified, it can still be difficult to split time exactly 50/50.

Luckily, you don’t have to have a perfect split in order to have joint custody. California courts will consider your arrangement “joint,” so long as your child spends a significant amount of time living with both parents.

A parent who has the greater share of time is sometimes called the “custodial parent,” or “primary residence parent.” (In contrast, the parent with less time is the “non-custodial” parent.)

Custodial parents have primary custody over their child, and as such—so long as they stay within certain geographic boundaries—have a lot of sway when determining where their child will live. Like with sole custody, however, they’re still bound by the other parent’s visitation order, and are still required to involve the other parent in all major decisions.

Child Custody Factors

When it comes to making these custody decisions, California courts will analyze a number of different individualized factors, and choose the outcome that will serve your child’s long-term health and happiness the best.

To figure out what outcome that might be, California courts will consider:

The child’s age;
The child’s mental and physical health;
The child’s emotional needs;
The child’s relationship with each parent;
Each parent’s ability to care for their child;
Each parent’s health and finances; as well as,
Any history of domestic violence, abuse, or neglect.

In addition, California judges may consider a child’s preferences, if they are at least fourteen years old. However, this doesn’t mean the child will get their way.

A child is still a minor until they reach eighteen, and teenagers don’t always know what’s in their own best interest. Hence, judges have the authority to overrule these wishes, and pick the arrangement that will ultimately be in the child’s best interest.

Child Custody Modification

California lawmakers are aware that life doesn’t always stay the same. Change happens, and what works now might not in the future, which is why they’ve provided a way for you to modify your custody arrangement.

Both custodial and non-custodial parents are allowed to petition to modify custody. However, for the court to consider this request, there needs to have been a significant change in circumstance.

Situations that often qualify for this consideration include:

A change in career, death in the family, or other illness requiring significant attention.
A parent has put their child in a dangerous environment.
A new relationship puts the child in harm’s way.
A custodial parent is not complying with a visitation order.
A custodial parent has failed to provide their child with proper care (such as, repeatedly missing doctor’s appointments, or arriving late at school).

A custody modification essentially opens both parents up to scrutiny from the court. So it’s important not to make frivolous requests (otherwise, the results could backfire).

Judges will evaluate new evidence, and either approve or deny the change, based on what would be in the child’s best interest.

Child Custody Attorneys in California

Your custody arrangement can’t work, unless it’s unique to you. Which is why it’s so important to have a family law attorney that you know and trust; someone who isn’t afraid to fight for your child’s best interests.

If you have more questions about custody, and where your child will live, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help find the arrangement that’s right for your child.

Child Custody

Child Custody Overview

December 23, 2021
by Briana White

Child custody refers to the various rights and responsibilities associated with taking care of a child. These authorities and obligations are most commonly associated with divorce; however, they are also relevant to unmarried parents, grandparents, legal guardians, and individuals looking to adopt.

In this child custody overview, we’ll define important terms, talk about parental rights, and help you gain a better understanding of what to expect during this important process.

Child Custody: 101

In the family law arena, child custody refers to the myriad of rights, powers, and obligations associated with caring for a child. Most of the time, we think of these authorities when couples are getting divorce, however, child custody can also be relevant to:

Unmarried parents—couples who are not married, and want a structured parenting plan to govern interactions with their child.
Grandparents—who might be wanting to gain custody over a grandchild who isn’t receiving proper care from parents.
Legal guardians—who may need partial access to certain custodial powers in order to care for a child or incapacitated adult.
Adopted parents—who may want to take on the full mantel a of parental rights for a child who isn’t biologically theirs.

Regardless of circumstances, all child custody cases are governed by the same set of family laws. These laws attempt to make decisions based on what outcome is most likely to serve a child’s best interest.

In California, these custodial powers break down into two main groups: legal custody and physical custody.

Legal Custody

First off, there’s legal custody, which refers to a parent’s decision make authority, and their right to determine how their child will be raised.

This category of custody includes a parent’s right to make decisions about their child’s:

Medical and dental health;
Psychiatric and psychological therapy;
Education and child care;
Religious and cultural exposure;
Travel opportunities; and even,
What extracurricular activities they’re allowed to be involved in (if any).

Most of the time, California parents will end up sharing this authority, equally, meaning that both must pass off on all major decisions.

Physical Custody

The other branch of custody is physical custody. This category refers to a parent’s right to live under the same roof as their child, and to have regular, in-person face time.

Since it’s so difficult to divide a child’s time exactly equal between parents, California courts will almost always assign one parent to be the child’s custodial parent (or “primary residence” parent), while assigning the other ample parenting time in the form of visitation.

A child’s primary residence is where they live most of the time. This parent is in charge of meeting their daily needs, including food, clothing, as well as things like transportation, daily medication, and homework.

Child Custody: Joint vs. Sole

In California, legal and physical custody are assigned separately. To this end, each set of powers can be assigned to one parent, alone (in “sole custody”), or to both, as shared powers (known as “joint custody”).

Most of the time, legal powers are assigned jointly between parents. This means that both must pass off on decisions for their child, and that one cannot act without the express permission and authority of the other. Legal custody is easy to split fifty-fifty, since it doesn’t require a child to be living under the same roof as its parents.

Physical custody, on the other hand, is not as easy to divide equally. Between school, extracurricular activities, competing work schedules, and child care needs, it can be nearly impossible to give each parent an equal amount of face time with their child. Which is why it’s so common for courts to assign one parent to be the child’s primary residence.

To decide which parent will be the child’s primary residence, the court will analyze a number of individual factors, to determine what course of action will be in their best interest.

Primary Residence Factors

Some of the factors the court may consider when deciding on primary residence include:

The child’s relationship with both parents;
The child’s physical, emotional, and educational needs;
The child’s need for continued social stability;
The child’s tie to relatives living in the area;
Each parent’s ability to care for their child;
Any history of family violence; as well as,
Any history of substance abuse by either parent.

Keep in mind that in California, you can still be considered joint physical custodians, even if your arrangement has an uneven division of time.

Child Custody: Visitation

The parent who does not get assigned as the primary residence will still receive ample parenting time in the form of visitation.

A visitation schedule outlines the division of time with your child, and is determined based on what is in your child’s best interest. In California, visitation can be:

Scheduled—a detailed plan that outlines specific dates and times of exchange, including where the child will spend holidays and birthdays.
Reasonable—an open-ended agreement that does not make specific arrangements; instead, parents agree to work out the details between themselves.
Supervised—an arrangement that requires visits to be supervised by another adult, or a professional agency. This type of visitation generally occurs when the child has experienced harm or neglect because of the parent.
No Visitation—a situation where any contact with a parent (even supervised) would be physically or emotionally harmful to the child.

In addition to a visitation schedule, non-custodial parents are often assigned to pay child support.

Child Custody: Child Support

As all parents know, children don’t come cheap, and these expenses don’t end, just because parents get divorced, meaning that—without support—a child’s primary residence parent will inevitably end up shouldering the bulk of costs for these daily needs.

Hence, to offset this imbalanced financial burden, California courts will often require non-custodial parents to pay child support. This ensures both parents are responsible for meeting their child’s needs, and are held equally accountable, accordingly.

In California, child support is calculated using a formula that weighs each parent’s income against their percentage of parenting time. However, the court is allowed to deviate from this formula in situations like a high net divorce, when a higher monthly amount would be more appropriate.

Child Custody: Drafting your Parenting Plan

A family court judge is often needed to help finalize custody matters, however, they aren’t necessarily a requirement, and couples are always free to draft their own parenting plan.

This can be done between individuals—with or without attorneys—or through a more structured process, such as divorce mediation. For some couples, collaborative divorce can be another good, out of court option.

So long as your proposed custody agreement meets certain state guidelines (such as child support minimums), judges are usually happy to sign off on an agreement you reach on your own.

Child Custody: Enforcement and Modification

In California, decisions involving minors are all made under the scrutinizing lens of the best interest of the child. This legal standard requires the court to choose—not what you want, as a parent—but the outcome that will serve your child’s long-term health and wellbeing the best.

When a parent fails to uphold their duties under this order, it’s the child who ultimately suffers the most, and California courts do not take these infractions lightly. Penalties for noncompliance are dependent on the offense, but can result in serious legal consequences, including a restriction on parental rights, fines, and even jail time.

If there is a legitimate life change keeping you from carrying out your responsibilities, then talk to your attorney right away. In some situations, custody orders can be modified, however, these changes cannot be applied retroactively. So it’s important not to wait, if something comes up.

Child Custody Attorneys in California

As a parent, nothing is more important to you than your child. You want what’s best for them, and worry about how divorce will affect them. At Maples Family Law, we understand and empathize with these concerns, which is why we hope you’ll trust us to help.

If our child custody overview hasn’t answered all your questions, we hope you’ll reach out. Call us today at (209) 989-4425, or get in touch online, and let our team of experienced family law attorneys fight for your child’s best future.

Child Custody

Enforcing a Visitation Order

December 13, 2021December 13, 2021
by Briana White

In California, all custody decisions are made according to a child’s best interest. This includes being able to have a loving, healthy relationship with both of their parents, whenever possible. However, these relationships can’t blossom without quality time.

That’s why when parents don’t live together, the court will often issue a visitation order. These edicts ensure that the rights of both parents are being upheld, and that each has the chance to foster a meaningful relationship with their child.

California courts don’t make these orders lightly, and failure to uphold them can trigger serious legal consequences.

If your child’s other parent isn’t cooperating with your custody arrangements, here’s what you need to know about enforcing a visitation order in California, and how the Maples team can help protect your rights and your child’s best interests.

What is a Visitation Order?

Visitation orders dictate how a child’s time will be spent, including where the child will live, and how they will spend holidays. They are a key part of upholding parental rights—in particular, a parent’s right to have access to their child.

In terms of child custody, this access is often referred to as “physical custody.”

Both parents have the right to physical custody with their child. However, if they aren’t living under the same roof, this time must be shared. To this end, California courts will assign one parent to be the custodial parent (or, primary residence parent), while granting the other ample parenting time in the form of visitation.

Visitation orders are generally just one component of child custody. Along with visitation, your child custody orders will also address legal custody, and outline child support.

How to Enforce a Visitation Order When My Ex Has Primary Custody?

It’s hard being a non-custodial parent. You don’t get enough time with your child as it is, and when your ex stops complying with visitation, this puts you in a tough spot. Because now you have to decide if the stress of enforcing visitation is worth the strain on your already limited time together.

If this situation sounds familiar, start by asking yourself these four questions:

Is my order enforceable?
Does my order need to be updated?
Have we tried making things easier?
Is contempt really worth it?

Here’s a closer look.

1. Enforceability

Visitation orders are kind of like personalized laws made just for you. These edicts are backed by the full weight of the law, and breaking them warrants the same legal consequences as breaking any other law.

That being said, the police can’t enforce a law that’s too vague.

Before jumping through legal hoops, make sure that the terms of your visitation order are clear. In some cases, headaches can be cleared up by shoring up details like specific dates and times—something you may be able to coordinate together, without the court.

2. Updates

If your visitation order is sufficiently clear, then maybe the problem is that your order is dated.

As all parents know, a child’s needs change just about as fast as they grow. Hence, a visitation arrangement that worked well for your family five years ago might not be the best fit here, in the present. Indeed, some agencies won’t even help enforce orders that are too old.

If your order is no longer a good fit, then it might be time to consider a custody modification.

3. Alternatives

You don’t need to go back to court to resolve everything. Before drafting up a motion, try talking to your ex to see if there are tweaks you can make. Sometimes a simple change in drop-off location or an alternative pick up time is all it takes to keep things running smoothly.

If it helps, there are even exchange agencies, which can help supervise the transfer of children between parents. These professionals can be really helpful at both keeping parents honest, and tracking violations. And while they do charge a fee, it’s definitely cheaper than the cost of an attorney.

4. Contempt

If all else fails, the last step you should consider is contempt of court.

Contempt is a criminal action, which can be taken against someone who intentionally and willfully violates a court order. This is a serious charge, and one that comes with a very high burden of proof, meaning they’re tough to litigate—especially for visitation violations.

In terms of custody agreements, contempt is most often used as a means to enforce child support.

If you are thinking about pursuing contempt, it’s a good idea to consult your family law attorney, first. In many cases, the potential benefits aren’t worth the effort of pursuing in terms of visitation.

Visitation Order Modification

Judges don’t want to see you back right after delivering your original visitation order. However, under the right circumstances they are willing to consider a custody order modification.

Some of these circumstances might include:

A repeated, long standing pattern of custody order violations.
The child’s education needs have changed.
The custodial parent’s home environment has changed.
The child is being subjected to harm under the current order.
One parent is no longer fit to carry out parental responsibilities.
There has been a change of employment.
The custodial parent needs to relocate.

As always, California parents are free to draft their own parenting plan—and modifications. This can be done between the individual parents, or in a more structured environment, such as mediation.

Remember, however, that the changes will not be enforceable until they are approved by a judge—even if both of you agree. Until then, be sure to follow your original order, or else you could risk being held in contempt.

Enforcing a Visitation Order in California

Failure to comply with visitation isn’t just a violation of your parental rights. It’s also an affront to your child, who is being robbed of the opportunity to foster a loving, healthy relationship with their other parent.

That’s why if you have more questions about enforcing a visitation order in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help ensure your child’s best interests are being met.

Child Custody

Virtual Visitation

May 18, 2021
by Briana White

As a parent, one of the most difficult aspects of divorce is suddenly having to share time with your child. This can be particularly excruciating, if you are a non-custodial parent, who no longer gets to live under the same roof as your child.

As a non-custodial parent, daily communication used to be something you didn’t think about. Nowadays, building a relationship with your child is contingent on being able to maintain a meaningful visitation schedule, which can be difficult, even in the best of circumstances. (Impossible, under the worst—thanks for that, COVID.) And this is before you even consider the unique challenges that families with international custody, traveling careers, and military obligations face.

Lucky for us, we live a time of unprecedented technology, where communication is no longer limited to in-person contact. In certain situations, these virtual tools can be incorporated into your custody agreement, to help supplement your parenting time.

What is Virtual Visitation?

In order to understand exactly what virtual visitation is, it’s important to first have at least a basic understanding of how California courts handle custody.

Custody refers to the broad range of parental rights and responsibilities that have to be divided when parents get a divorce. To this end, the court can divide custody by either giving all the power to one parent (sole custody), or making them share (joint custody). Since it’s nearly impossible to split a child’s time exactly fifty-fifty, the court will then typically make one spouse the child’s primary residence, while the other is awarded ample visitation.

Visitation, then, is essentially all that time a non-custodial parent gets to spend with their child. And for a really long time, that’s all it was: in person contact. Visitation either happened physically, or it didn’t happen at all.

Luckily, the past decades have moved us well beyond our Neanderthal ways, and when it comes to visitation, non-custodial parents are no longer quite so constrained by physical limitations. With a huge variety of technological advances at our fingertips, the parent/child relationship can be strengthened virtually, as well.

Hence, virtual visitation is defined as any parent/child contact that is facilitated through the use of technology.

Examples of Virtual Visitation

Virtual visitation’s broad definition encompasses a wide range of platforms and tools, and isn’t limited to just phone calls. Instead, parents have a wide variety of options, including:

Phone calls and text messaging;
Data plan facetime;
Webcams and online video chats;
Email and instant messaging;
Online gaming;
Private document sharing sites, such as Dropbox and Google Drive;
Photo sharing sites, such as Shutterfly, Flickr, and Picasa; and,
Social media posts, personal messaging, and sharing, through platforms like Facebook, Twitter, Snapchat, and TikTok.

With virtual visitation, a parent can help with homework, read a bedtime story, share the excitement of a special achievement, “attend” a performance, and offer emotional support, even if they can’t be there in person.

Virtual Visitation Laws in California

Virtual visitation is still a relatively new concept, and there are currently only a few states with official legislation that address it, including Utah, Texas, Wisconsin, Illinois, North Carolina, and Florida. As you can see, California isn’t one of them, but in our ever-expanding world of global interaction, it may be only a matter of time.

That being said, whatever your judge includes in your custody order is enforceable by law—including any kind of electronic communication. California courts routinely include virtual visitation as a part of custody orders, and the failure of either party to uphold these important terms can result in fines, a loss of custody, and in some situations, contempt of court.

During divorce or custody modification, parents can either mutually agree to include virtual visitation in their parenting plan, or else request that the court include it in the final order. In these situations, your judge would assess your circumstances to see if electronic communication is a viable option for your family.

When Does the Court Allow Virtual Visitation?

The 2020 COVID pandemic threw the world into the kind of crisis most people probably never even thought to consider, let alone worry about. As lockdowns, travel bans and mandatory quarantines forced global markets to a halt, California legislators were forced to weigh the risk of spreading the disease against the need for visitation.

This crisis resulted in a sudden, unexpected reliance on virtual visitation, which most divorced families took part of in some way. However, long before COVID became a household word, electronic communication was already being used by California courts to supplement in-person visits.

Virtual visitation is particularly useful for cases involving international custody, military custody, move away requests, and even extended business trips, for parents whose careers require frequent travel.

Guidelines for Virtual Visitation

Since electronic communication isn’t officially part of California family law, judges don’t have a specific set of criteria or formula they can apply to these situations.

Instead, the court analyzes what would be in the child’s best interest, and loosely considers whether parents:

Will permit and encourage their child to engage in virtual visits;
Have the tools to facilitate their child’s visits;
Are capable of carving out the necessary time; and, of course,
Whether each has the emotional bandwidth to allow their child to have uncensored communication with the other.

The court is unlikely to grant e-communication in situations of abuse or domestic violence, or when supervised visitation is required. And, as a whole, virtual visitation is most successful for parents who can set aside differences and work harmoniously with one another.

All that aside, if the COVID pandemic has taught us anything, it’s that while virtual visitation can be a vital tool in certain situations, it’s certainly no replacement for in-person contact.

The Drawbacks of Virtual Visitation

For parents who are limited by time, distance, or obligation, virtual visitation opens up an array of opportunities for them to maintain contact with their child. However, this technology has also drawn criticism from those who argue that e-communication is a poor substitute for in person face time.

Some of the arguments against virtual visitation include:

The negative impact of too much screen time on a child;
The burden it could place on a child’s already busy schedule;
The burden it places on a parent’s time and resource; and,
The ineffective, two-dimensional nature of e-communication (for instance, how easy it is to misread context and tone).

As California legislators consider whether or not to standardize virtual visitation in family law, they’ll need to examine some of these legitimate drawbacks, and analyze whether these technologies hinder—rather than actually help—parents and children foster deep, meaningful relationships.

They are also drawbacks that you should discuss with your family law attorney, if you and your spouse are considering making virtual visitation a part of your parenting plan.

Virtual Visitation Attorneys in California

If you have more questions about virtual visitation, and whether it’s appropriate for your situation, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help you figure out the visitation arrangement that will work best for your family.

Child Custody

11 Common Questions About Joint Custody Schedules in California

April 20, 2020August 10, 2020
by Angie

If you’re like many people, you have plenty of questions about developing a joint custody schedule during or after divorce. Check out these joint custody schedule frequently asked questions to see if you can find an answer here – or, if you don’t see your question or need personalized legal advice, call us at 209-395-1605 to schedule a consultation with a Stockton divorce attorney.

11 Common Questions About Joint Custody Schedules in California

Check out these 11 common questions about joint custody schedules in California.

What is a Typical Joint Custody Schedule?

In California, joint custody schedules vary greatly from family to family. The courts recognize that no two families are exactly the same – and kids of various ages have different needs. Some typical joint custody schedules include: the 50-50 custody schedule, the 2-2-3 joint custody schedule, and the week-on, week-off custody schedule. Your attorney can help you understand your options if you’re sharing joint custody with your ex.

How Do I Get a Joint Custody Schedule?

When you’re going through a divorce or breakup and you’re sharing custody of your children with their other parent, you get a joint custody schedule by making one. Create your schedule with your kids’ best interests in mind; that’s what it’s going to take to get a judge to sign off on your joint custody plan. You might choose a week-on, week-off joint custody schedule if you have older children, or you might prefer the common 2-2-3 parenting schedule. You can customize your schedule to reflect your family’s unique needs, but the key is that you create something that does what’s best for your children. If the custody schedule you submit to the court isn’t something that serves your child’s best interests, the judge in your case is going to tell you to try again.

What is a 50-50 Custody Schedule?

In a 50-50 custody schedule, each parent has the children half the time. That may mean that you alternate days or weeks, or it might mean that one of you picks the kids up from school, drops them off the next morning, and then the other parent picks them up and starts the cycle over again. This way, each parent has equal time with his or her children. You can even work it out in another way – what’s most important is that it works for your family.

The custody schedule you choose should always be in your kids’ best interests, not yours. The judge assigned to your case will look carefully at the joint custody schedule you’re submitting to make sure it’s truly what’s best for your children.

Related: Child custody in California

What is a 2-2-3 Parenting Schedule?

A 2-2-3 parenting schedule is a common way that parents with joint custody of children work out times to be with them. Many parents choose this schedule because it allows ample uninterrupted time with the children, and each parent gets the kids every other weekend. The numbers in a 2-2-3 parenting schedule represent days, so let’s start with Parent A and Parent B.

Parent A has the children for the first two days of the week. Parent B takes over for the next two days, and then Parent A takes the kids for the three days (to include the weekend). Then, it’s Parent B’s turn to get the kids for two days. Parent A gets the kids back on the second two-day group, and then Parent B takes the kids for three-day weekend. The schedule just keeps going back and forth in this way so that both parents enjoy weekend and weekday time with the children. It’s not right for every family, such as those who live far apart or who have very young children who are used to one parent being the primary caregiver, but it can be a great solution for people who live close to each other with older children.

What is the Best Custody Arrangement?

Some parents argue that the best custody arrangement is the 2-2-3 parenting schedule, the 50-50 parenting schedule, or something else entirely – but it doesn’t matter what some parents think. What matters is what’s the best custody arrangement for your children. The state of California recognizes that kids benefit most from frequent and continuing contact with both of their parents, but what that looks like is up to you and your children’s other parent.

If you have young children, the best custody arrangement might be one in which the kids stay in one home throughout the week and visit the other parent’s home on a few evenings or for some time on weekends. Older kids might prefer the 2-2-3 parenting schedule, or even the week-on, week-off joint custody schedule. When you’re putting together your parenting plan, think about what’s going to be easiest on your children. If they’re in sports, for example, it might make sense for them to stay in one home throughout the week and spend weekends with their other parent. The bottom line is that every family is different, so every joint custody schedule should look a little different.

Related: Infant custody laws

What’s the Difference Between Shared and Joint Custody?

In California, shared and joint custody are the same thing. In other states, the terms vary – and there are big differences between shared and joint custody. However, in California, you can say that you have shared custody or joint custody; both still mean that you and your children’s other parent share the rights and responsibilities of making decisions for your kids, or that you share physical time with the children (or both).

There are two types of custody in California: legal and physical. Legal custody refers to your rights and obligations, particularly when it comes to deciding where the kids will live, where they’ll go to school, what types of routine medical treatment they’ll get, and other things that impact their welfare. Physical custody refers to where the children live.

With joint or shared legal custody, both parents share the responsibility for deciding where the kids will live, as well as making decisions about their health, well-being and education. With joint or shared physical custody, the children live with both parents.

How Can I Get Custody Without Going to Court?

You can get custody of your children without going to court – for the most part. You and your children’s other parent can come up with a custody agreement between yourselves. You will have to go to court (unless your attorney can go on your behalf) to get the judge to sign off on it – and when that happens, it becomes a legally binding court order. The only way to really get custody without going to court is by reaching an agreement with your spouse; you must both agree, and the custody plan you come up with must serve your children’s best interests.

What Does a 70/30 Custody Schedule Look Like?

A 70/30 custody schedule looks like this: A child spends 70 percent of his or her time in the care of one parent, and 30 percent of his or her time with the other. Really, it works out to spending two nights out of seven with one parent (and the other five with the other parent).

Here’s what a 70/30 custody schedule looks like on paper:

	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Week 1	Parent A	Parent A	Parent B	Parent A	Parent A	Parent A	Parent B
Week 2	Parent A	Parent A	Parent B	Parent A	Parent A	Parent B	Parent A

Naturally, you can modify this schedule so it works out for your family; maybe different days of the week are better.

Why is Shared Custody the Best Arrangement?

Shared custody is the best arrangement – for some families. It’s not best for every family. However, for families who are able to have shared custody, they consider it the best arrangement because it allows children to have frequent and continuing contact with both parents.

Some families aren’t cut out for shared custody, such as those that have had domestic violence issues in the past. When one parent lives too far away, or when the parents aren’t amenable to each other, shared custody can cause more problems than it’s worth.

How Many Days is 70/30 Custody?

Usually, 70/30 custody works out to being five days with one parent and two days with the other. The days can vary week by week, based on what’s right for your family.

What is a Reasonable Visitation Schedule?

A reasonable visitation schedule is one that allows the children frequent and continuing contact with both parents. The state of California recognizes that this is essential for kids, so whenever possible, a parenting plan or parenting time agreement should allow for both parents to spend plenty of time with the children.

Every family is different, though, and what your family finds to be a reasonable visitation schedule might not work for another family. The key to settling on something reasonable is working with your children’s other parent to create the best joint custody schedule for your needs. When you both have a hand in creating it, you’re both more likely to feel that it’s reasonable – and you’re more likely to want to stick to it.

How Far Can I Move With Shared Custody in California?

When you have shared custody, you can move – usually up to 45 to 50 miles away – provided that you have agreement from your children’s other parent. If your kids’ other parent doesn’t agree with you moving, you’ll have to show the court that the move is in your children’s best interest. The court can say no, so be prepared. However, that doesn’t mean you personally can’t move; you may simply have to move without your children.

Do You Need to Talk to a Lawyer About Creating or Changing a Joint Custody Schedule?

If you’re divorcing and need to create a joint custody schedule, or if you’re thinking about moving away because it’s what’s best for your family, we may be able to help you. Call us at 209-395-1605 to schedule a free consultation with a Stockton divorce attorney who understands the complexities of joint custody schedules, legal and physical custody, and other divorce-related matters today.

Divorce

How to Develop a Parenting Plan During Divorce

April 3, 2017March 12, 2020
by Angie

Your attorney will guide you through the basics of divorce, from filing a petition for dissolution in the Stockton court system to negotiating a property settlement with your spouse. Some things, though, are really personal—including how you set up your parenting plan so your kids get what they need from each of you.

As family law attorneys practicing in Stockton, we help parents from all walks of life through the difficulties of divorce. Many of our clients need help with child custody, which can be one of the toughest parts; both parents want what’s best for their kids, but they often don’t see eye-to-eye on what that is.

What is a Parenting Plan?

A parenting plan, which is also called a custody and visitation agreement, is a written agreement between two parents that describes time-share and decision-making.

What is Time-Share in a Parenting Plan?

Time-share is a specific schedule that outlines when the children will be with each parent. For example, one parent may pick up the kids from school every other Friday and return them to school on Monday morning; one parent might pick up the kids from school each day except Wednesdays, when the other parent does it.

What is Decision-Making in a Parenting Plan?

Decision-making is a specific outline that shows how each parent will make decisions about what’s best for their children, including health, education, and general welfare.

Is a Parenting Plan Legally Binding in California?

Once you and your spouse have developed a parenting plan and signed it, the judge will sign it (as long as it’s fair and serves the kids’ best interests rather than yours). It then becomes a court order.

How to Develop an Effective (and Good) Parenting Plan

It can be very difficult to work with your spouse, especially when you’re in the middle of a divorce. However, your children need you to advocate for them—and they need both parents to provide their love, support, and time.

Your parenting plan should deal with:

Physical custody, such as where your kids will spend each night, where they’ll be during the holidays, and which parent is in charge at which times
How the kids will travel between parents
Which parent gets the kids on school breaks, including the summer
Legal custody, including which decisions each parent can make alone and which decisions need to be made together
Schools and child care
Religion
Medical and dental care
Emergency care

Special Considerations When You’re Developing a Parenting Plan

When you’re outlining your parenting plan, make sure it meets their needs. Your lawyer will advise you to consider:

Your kids’ specific activities. Do they participate in sports leagues, piano lessons, or community activities?
Your kids need a regular schedule so they can depend on it; they’re going through a lot of changes right now, so consistency (where you can provide it) is very important.
Your kids’ needs. Every child is different, which is why it’s so important for you and your spouse to figure out what’s best for yours together.

Your parenting plan can also include stipulations that say each of you is entitled to:

Information about the kids
Access to the kids through phone calls, Skype or FaceTime
Access to the kids’ school and medical records
Access to each other’s phone numbers, addresses, and other contact information so you can communicate about the children

A good parenting plan is specific enough that you both understand your responsibilities and can both stick to it. However, you should also build in some flexibility; what if one of your kids is sick, for example, and doesn’t feel like traveling to your ex’s house for the day? What if a special school event comes up, or what if Grandma and Grandpa come to town (or you go to Grandma and Grandpa’s)? Building in room for special circumstances will make sticking to your parenting plan much easier, and when it’s easier for you, it’s easier on your children.

Do You Need to Talk to a Lawyer About Developing a Parenting Plan?

We’ve helped many people through divorce, and we can help you, too. As family law attorneys serving Stockton and the surrounding communities, we have extensive experience dealing with parenting plans and other divorce issues.

Call us at 209-910-9865 to let us know what you’re going through. We’ll begin developing a strategy that gets you and your children the best possible outcome—and we’ll give you all the support you need during this difficult time.