Child Custody and Visitation

Marin County child custody and visitation


A battle of child custody and visitation is usually the most emotional aspect of a family law case when children are involved. When children are involved in a divorce or between two parents that are unmarried, it is important that you obtain an outcome that serves the best interest of your children. In fact, that is the legal standard in California. Ms. Davaloo makes every effort to obtain the most favorable parenting plan for her clients that are in the best interest of their children. If you need a child custody and visitation order for the first time, or if you already have a custody order but the circumstances have greatly changed and a modification is needed, or if the other parent is violating the existing court order, Ms. Davaloo can help you obtain the proper resolution.

In cases involving minor children, it is necessary to obtain child custody and visitation orders from the court to establish structure and stability for you and your children, not to mention peace of mind.  There are 2 types of child custody: Legal Custody and Physical Custody.

Legal Custody

Legal custody deals with major life decisions about a child’s health, education, and welfare.  It refers to your right as a parent, and not how much time you get to spend with your child.  Usually, both parents are awarded joint legal custody of their child.  Some factors family courts consider in awarding joint or sole legal custody are:

1. The right to your child’s medical and school records;
2. The right to be informed and participate in your child’s school and extracurricular activities; and
3. The right to be informed prior to the other party attempting to move the residence
of your minor child.

Physical Custody

Physical custody deals with day-to-day care and control of a child, generally with whom the child lives.  In making physical custody orders, the court looks at the “best interest” of the child.  Usually it is best for both parents to come up with an agreement for custody and visitations called a parenting plan.  But in situations where the parents cannot agree on a parenting plan, my law office will take the appropriate steps to prepare all witnesses and evidence necessary to address potential custody issues and to obtain an order that is in the best interest of the child.

Child Custody and Visitation Orders

After the court makes an Order on child custody and visitation issues, the court retains “jurisdiction” that enables either party to return to court at a later time and modify the initial Order.  Of course, there are various factors the court would take into account before it may modify the initial Judgement.