The parties can agree on how they would like to share custody of their minor children. There are several different typical custodial schedules that can be followed; one party has primary custody, and the other party has alternate weekends and or midweek dinner or overnight visits. The parties can also share the week with what we call a 2-2-3 schedule, which means one party will have Monday and Tuesday, and the other party will have Wednesday and Thursday, and they will then alternate the weekends. Or lastly, the parties can share the minor children on an alternate weekend schedule. It is always better if the parties can agree, because they know their children best and they know their schedules and what would be best for their family, more so than the judge does that does not even know them. However, if there is a dispute, you can file a request for order to schedule a court hearing on the issue. The court requires both parties to attend mediation prior to any custody hearing, to attempt to resolve the issues. If the parties are unable to reach an agreement in mediation, the court will make a determination of custody and visitation. The best interest of the children is always the court’s focus. Also, the court strives to ensure that all children maintain frequent and continuing contact with both of their parents. If the parties are greatly disagreeing about custody and visitation issues, the court may appoint an attorney to represent your children. Lastly, the court may order an evidence code section 730 custody evaluation, where an expert is employed to evaluate the family and make recommendations to the court regarding custody and visitation.
If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.
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