Creating a Parenting Plan for Child Custody
When navigating child custody arrangements, it's important to establish a detailed parenting plan that outlines the responsibilities and schedules for each parent. A well-thought-out parenting plan can help minimize conflicts and provide stability for your child during this challenging time.
Key components to include in a parenting plan:
- Parenting time schedule
- Holiday and vacation schedules
- Communication guidelines
- Decision-making responsibilities
- Financial support agreements
Our experienced Palmdale child custody lawyers at the Law Offices of John C. Bigler can assist you in creating a comprehensive parenting plan that prioritizes the best interests of your child while addressing your unique family dynamics.
To speak with an experienced Palmdale child custody lawyer, give us a call at (661) 368-1181 or contact us online today.
Types of Custody Available in California
The court will also base child custody on the available options. The parent's authority to participate in the child's life is at stake when child custody is established, so it is crucial to enlist the help of our firm. There are four types of custody: physical, legal, joint, and sole.
Physical custody refers to the child's physical state. Legal custody is the parent's ability to make major decisions that affect the child's education, religious affiliation, and healthcare. Either joint or sole custody can be awarded. Joint custody is awarded when both parents share legal and physical custody. Sole custody is when one parent is given all authority regarding the child.
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Commonly Asked Questions
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' when a Court makes a custody order. The family code states that if both parents are adequate parents the court must order custody to both of them. The Court is forbidden from awarding custody to a third party in this circumstance.
It is this 'parents get priority' policy that drives a first right of refusal order. The idea that if you are unable to care for your child due to work or other responsibilities, then you must offer the child to the other parent first before handing the child over to a third party for child care.
The court typically sets a time limit (I recommend 6 hours or more) that you can be away from your children before having to offer the other party the opportunity to care for them. This is not a mandatory provision. The Court has the discretion to make this order only in appropriate circumstances.
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Who can receive visitation rights?Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be supervised by an agreed upon family member or a professional monitor if the parties cannot agree.
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you can apply for spousal support, depending on certain factors. The purpose of alimony is to even out the financial futures of each party. We can fight for your right to spousal support or against the other party's request for spousal support.
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What if I was married in another state but I want to file for divorce in California?If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in the United States for three months.