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Specializing In Family Law Litigation And Mediation

Options for physical custody and visitation after a divorce

One of the most challenging aspects of ending a marriage for a California parents is coming to grips with the fact that they may not get to see their child each and every day. If the divorcing parties share children then they will, as a part of their legal proceedings, have to decide where the child will live and how they will divide the child's time between their households. When parents cannot work these details out, the courts will intervene and seek to protect the best interests of the children through court-provided orders. But in many cases, parents are the best judges of how their children's physical needs should be met.

This family law blog previously discussed legal custody, and this post will be dedicated to options that parents may utilize for the physical custody of their kids. A parent with physical custody of their child has the right to have the child live in their house. In California, physical custody may be shared between the parents or it may be given to just one of the parents.

Shared physical custody requires the parents to work together to maintain a custodial schedule. They must work out when, where and how the child will be transferred from one household to the other and on what days the child will be with each parent. In some cases, parents may share their children 50-50, but often it is more reasonable and in the children's interests for them to spend more time in the care of one parent and less time in the care of the other.

If abuse, neglect or other concerns exist in the relationship between a parent and their child, then that parent may not be able to secure physical custody of their child. In such situations, a parent may be permitted visitation time with his or her child, but even that time may be under the supervision of another adult.

As all child custody matters must be addressed based on the needs of individual children, parents dealing with this family law issue should take the time to understand their rights and options. This will not only protect them bust also the best interests of the children as well.

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