What are the 3 forms of parenting time during and after a San Diego divorce? What do you need to know about custody and parenting time and your rights as a parent in a San Diego divorce case?
There are two types of custody under California Family Law: Physical Custody and Legal Custody. Legal custody is the ability to make important decisions regarding the life, health and well-being of your child. Physical custody is the right to have a child in your custody and to spend time or live in your home.
Parenting time is part of the physical custody portion of a divorce case. Parenting is usually to be shared fairly equally between the parents of a child of divorce. California Family Law is guided by the principle of what is in “the best interest of the child.” Our Courts have found it is usually in the best interest of a child to spend equal “quality time” with each parent during and after a divorce in the absence of domestic violence, addiction, criminal behavior and a few other exceptions.
The 3 forms of parenting time during and after a San Diego divorce are scheduled, reasonable and supervised parenting time or “visitation.” In most cases, the parents negotiate or mediate a settlement which establishes a parenting plan which contains a schedule for how the child will move between households on a regular basis. This clear and well-defined “scheduled parenting time” should anticipate any challenges which might arise as well as how to handle the sharing of important events in a child’s life including but not limited to birthdays, holidays and vacations.
In some cases, the established behavior or lifestyle of one of the co-parents may require an order for “reasonable” parenting time or visitation. This is often the case when a co-parent must travel extensively for work or the co-parents have established their ability to work together to decide when the child will move between households on a more flexible basis.
In cases involving domestic abuse, addictions or other behaviors or actions which may endanger a child, the Court may order “supervised” parenting time or visitation. When it is unsafe for a child to spend time alone and unsupervised with one of the co-parents the Court may order parenting time to be managed and supervised by an appropriate professional or another adult identified by the Court.
The 3 forms of parenting time during and after a San Diego divorce are especially important to understand during contentious proceedings. This is why it is so important to work with the experienced, proven Certified Family Law Specialists at Burke & Domercq.