Child Custody And Visitation

Newport Family Law & Mediation Group can assist you in establishing initial orders for child custody and visitation, or in modifying the orders for custody and visitation that are currently in existence.

Child custody encompasses legal custody and physical custody.

  1. Legal custody is the ability to make decisions regarding the child/children’s health, safety, welfare and education. Parents can be awarded joint legal custody or sole legal custody.

    1. Joint legal custody is defined as: Both parents shall share the right and the responsibility to make the decisions relating to the health, education and welfare of a child [Family Code section 3003].

    2. Sole legal custody is defined as: One parent shall have the right and the responsibility to make the decisions relating to the health, education and welfare of a child [Family Code section 3006].

  2. Physical custody is where the child or minor children live, and parents can be awarded joint physical custody or sole physical custody.

    1. Joint physical custody is defined as: Each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents subject to Sections 3011 and 3020 [Family Code section 3004].
    2. Joint physical custody is not 50%-50% custody, an even split, down to the day, hour and minute. It is as the statute states—significant periods of physical custody for both parents.

    3. Sole physical custody is defined as: A child shall reside with and be under the supervision of one parent [Family Code section 3007].

Child Visitation is the specific parenting time with the minor children such as “the children shall be with Mother on Tuesday and Thursday from afterschool to 7:00 p.m.”

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