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Parenting Time in Carlsbad and North County Child Custody Cases

On Behalf of | Feb 17, 2020 | Child Custody and Visitation

What constitutes parenting time in Carlsbad and North County child custody cases?  How is parenting time established as part of your divorce case?  The most important thing to know is this:

The central legal focus and principle in these cases is “the best interests of the child(ren).”  Always remember this guiding principle as this will be the primary basis upon which any parenting time agreement will be evaluated and ultimately approved.

In some cases, parents going through a child custody dispute are able to negotiate their own child custody and parenting time agreement, either through an informal process or through mediation or alternative dispute resolution.  Many recent studies have shown parents who are able to work together to reach agreements in their divorce case through negotiation or mediation are much more likely to abide by those agreements after the divorce.  This reduces not only conflict between the parties and the children, but the expense and hassles of post decree litigation.

Working together to reach a child custody and parenting time agreement also establishes tools for the long run as they will need to be able to work with one another over the coming months and years for the benefit of their shared child(ren).

When a divorcing couple wants to try to negotiate parenting time in Carlsbad and North County child custody cases they should make certain several things are addressed within it.  Important categories of information to address in a parenting agreement include but are not limited to:

  • the physical location(s) where the child will reside
  • visitation schedules with each parent
  • transportation to and from school, extra-curricular events, etc.
  • how and when each child will move from one household to the other
  • division of holidays, and vacations
  • contact with grandparents, cousins and extended family members

Parenting time is part of the legal issue of physical custody.  Physical custody is simply the right for the child to live with that parent.

There is also the significant issue of “legal custody.”  Legal custody is the right to make important decisions on a child’s behalf.  This includes but is not limited to such things as education, medical care and religious upbringing.  In most cases, legal and physical custody of the child(ren) is shared between the co-parents.  These may also be awarded as “sole” custody to one or the other parent based upon the unique circumstances of each case.

Your plan for parenting time in Carlsbad and North County child custody cases should also address how disputes will be handled if and when they occur.  Once the co-parents reach an agreement, they must put it in writing and submit it to the court for approval. Once it is approved, the agreement will become an order of the court.

Custody and visitation cases are often quite emotional, volatile and drawn out.  Even when a parenting time dispute starts out in such a way, it is often still possible for you to reach an agreement with the other parent.  It is especially important to approach all communications with your former spouse with extreme caution and careful consideration.  The Judge in your case will pay close attention to how each party conducts themselves and how they behave in person, as well as in emails, texts, phone messages and other digital or written records of fact.

If you are concerned about parenting time in Carlsbad and North County child custody cases and wish to try to negotiate such an agreement we invite you to contact Burke & Domercq or call 760-389-3927 to schedule an appointment.  Our Certified Family Law Specialists can provide valuable insight and counsel and assist in the preparation of an agreement which protects both your best interests as well as the best interests of the child(ren).