Legal Guidance for Child Custody and Visitation
Few things feel more fundamental to parenting than deciding where your child lives, how they spend their days, and who makes important decisions about their welfare. As a parent, you know your child best, and you may be accustomed to making these decisions independently. But divorce or co-parenting conflicts can require you to formalize deeply personal parenting decisions through negotiation, mediation, or court proceedings.
At Viola Law Firm, we understand the range of complex emotions that arise when navigating legal child custody and visitation. A child custody lawyer in San Mateo help families make informed decisions and advocate for their rights throughout this process, so they can retain as much control over their family situation as possible.
With our extensive experience representing clients in the San Mateo County courts and our deep commitment to personalized service, you can gain peace of mind in the unfamiliar terrain ahead. Contact us today to request a legal consultation.
Understanding Child Custody vs. Visitation in California
Many parents go their whole lives without facing legal custody or visitation disputes. These concerns most commonly arise during divorce, when parents must decide how to share custody of their children while living separately. They can also arise when unmarried parents cannot reach an agreement about their child’s care on their own.
One of the first concepts to understand when navigating custody disputes is the difference between custody and visitation.
- Custody: In California, child custody determines where a child lives and which parent has the right and responsibility to make decisions about the child's health, education, and welfare. Both parents can share custody, or the court may award sole custody to one parent.
- Visitation: Visitation, also called parenting time, describes how much time a child spends with each parent.
In divorce or separation cases, the goal is often to create a legal parenting plan that outlines how the parents will handle custody and visitation. It can be challenging to know where to start, which is why working with a child custody and visitation lawyer early on can be helpful.
Types of Child Custody Granted to San Mateo Parents
California recognizes two main types of child custody: legal and physical. The court can assign either as joint or sole custody. As such, there are four types of custody arrangements that may arise in your case:
- Joint legal custody: Both parents share legal decision-making for important topics such as the child’s health, religious upbringing, and education.
- Sole legal custody: One parent retains control over legal decision-making.
- Joint physical custody: The child lives with both parents, alternating where they live based on the terms in the parenting plan.
- Sole physical custody: The child primarily lives with and is supervised by one parent.
Physical and legal custody can be awarded differently. For example, both parents might share legal custody, while one parent has sole physical custody. Joint physical custody also does not necessarily mean an exact 50/50 schedule; it can vary depending on what is best for the child, and the parenting plan would describe the unique schedule the family should follow.
You may have ideas about the custody arrangement that would be best for your child, but vocalizing them in front of a judge can be intimidating. Our San Mateo law firm can represent you during custody hearings to ensure that your voice is heard.
How California Courts Determine Custody (“The Best Interests of the Child”)
San Mateo County courts make child custody determinations under the “best interests of the child” standard. While the court may consider each parent’s wishes, if those desires are in conflict with each other, it will default to the decision that prioritizes the child’s health, safety, and welfare.
The court considers many factors when determining what arrangement will be best for the child, such as:
- The child’s individual needs
- Each parent’s current involvement and contact with the child
- Each parent’s ability to care for the child
- The child’s relationships, home, school, and community
- What arrangement would provide stability and continuity for the child
- Any history of abuse or domestic violence in the family
- Any habitual or continual substance misuse from either parent
- Whether a parent is likely to support appropriate contact with the other parent
California supports frequent and continuing contact with both parents when that contact is consistent with the child’s best interests. Custody and visitation orders are often decided alongside child support, so it helps to look at both together.
Types of Visitation and Parenting Time in California
Just because the court grants sole physical custody to one parent does not mean the other parent has no legal options for spending time with the child. California also recognizes visitation and parenting time to help maintain the parent-child relationship.
Visitation orders can take several forms in California:
- Scheduled visitation, where parents and children have a set schedule with dates and times when the children will be with each parent
- Reasonable visitation, which is an open-ended order that allows the parents to work out visitation between them
- Supervised visitation, which may arise when there are concerns about the child’s safety and well-being
- No visitation, which is used in extreme cases where even supervised visitation would be physically or emotionally harmful for the child
In some cases, the court may order or approve a “step-up” visitation schedule that gradually increases a noncustodial parent’s time with the child over a set period. This may be useful for helping very young children adapt to schedule fluctuations or rebuilding relationships after a period of estrangement.
San Mateo County courts also recognize virtual visitation, which may be used in certain cases in which in-person visitation is challenging.
Creating a Parenting Plan That Works for Your Family
Every family is different, so there is no “standard” or “normal” parenting plan to refer to in your case. Instead, your goal is to agree on a parenting plan that suits your family’s specific needs and circumstances, while putting your child’s interests first.
Some families do well with a bare-bones parenting plan that leaves room for flexibility and collaboration between the parents. But more often, families prefer plans that are detailed and specific, covering all of these topics:
- Regular weekend and weekday schedules
- Holidays, birthdays, and school breaks
- Vacations and travel
- Pickup and drop-off arrangements
- Transportation costs
- Medical and educational decisions
- Religious upbringing
- Protocols for resolving future disagreements
- Special considerations for infants or children with disabilities
Just because you and your child’s other parent are amicable now does not mean this trend will continue, and having a detailed parenting plan can protect you against conflicts that may arise down the line.
Our San Mateo child custody lawyers can help you draft a parenting plan or review an existing plan to determine whether it securely reflects your goals and your child’s interests.
The San Mateo County Custody Process
Our clients often feel intimidated by the idea of going to court and presenting their case before a judge. At Viola Law Firm P.C., we strive to take this burden off your shoulders through comprehensive representation that reflects your interests and goals. We can represent you during court proceedings, prepare you for Family Court Services counseling, and participate in private mediation when appropriate.
Understanding the legal process in advance can also help you feel more at ease. Many parents are surprised to learn that there are several mandatory steps that happen before going to court to encourage families to reach agreements on their own.
If parents cannot agree and ask the court to decide custody or visitation, the process will generally include the following steps.
- Start or use an existing family-law case: You must have an appropriate new or existing case before requesting a custody or visitation order. A parent commonly requests an order by filing Form FL-300 and, when helpful, Form FL-311. San Mateo family law cases are generally heard in the San Mateo County Superior Court in Redwood City.
- Complete the mandatory Parent Orientation Class: This online class is required before your first Family Court Services counseling session. You will receive a certificate upon completion to bring to your counseling appointment.
- Attend the Child Custody Recommending Counseling (CCRC): Family Court Services offers free, mandatory child custody recommending counseling (formerly called mediation) to help parents reach agreements on unresolved issues. If the parents reach an agreement, the Family Law Facilitator may help prepare it for the judge’s signature so it can become a court order.
- Go to your court hearing: If you did not reach an agreement, the counselor will make a recommendation to the court. You will also have the opportunity to appear before the judge and present your case.
We will explain exactly what to expect before any court hearings or mediation sessions, so you can arrive feeling confident.
Seeking Temporary and Emergency Custody Orders
The typical child custody process often spans several months. But certain scenarios require more urgent court intervention.
California offers ex parte orders, or emergency child custody orders, when a child faces an immediate threat of harm or risk of being removed from the state. You must have a family law case or start one before you can request this order.
A judge will review the request and determine whether to grant temporary emergency custody. If the court grants the order, it will generally set a hearing where both parties can present their positions.
Our San Mateo family law attorneys can help you understand whether ex parte orders make sense in your situation and guide you through the process if they do. We can also explain other legal rights and options that may apply to your case.
Methods of Resolving Custody Disputes in California
You may initially fear that starting the legal custody process will require you to sacrifice control over your child’s upbringing. But California recognizes several effective ways to resolve custody and visitation disputes outside of court.
In many cases, the court would even require that you and your child’s other parent use mediation to work out custody and visitation issues. Family Court Services offers free mediation, but you may also try private mediation if this is initially unsuccessful.
Other options for resolving disagreements may include:
- Direct negotiation with the child’s other parent
- Attorney-assisted negotiation, where we represent you or provide counsel during discussions
- Private judging, where a privately compensated temporary judge hears and decides specified issues outside the courthouse (subject to the court’s approval)
Our attorneys can help you explore all of these options and determine which route may be most effective for reaching an agreement in your case.
How Our San Mateo Child Custody Attorneys Can Support Your Family
The legal child custody and visitation process can feel overwhelming, confusing, and emotionally charged. Our San Mateo child custody attorneys provide dependable legal support and guidance during this turbulent time.
We have been representing Bay Area clients for over 35 years through complex family law disputes. Our attorneys are passionate about working hard for our clients and providing individualized service that honors their unique goals and family situations.
By retaining an experienced attorney, you can:
- Better understand the legal road ahead and what you need to do to achieve your goals for custody and visitation
- Gain confident representation during mediation sessions and court hearings to advocate for and protect your rights
- Make more informed decisions throughout your case by having a thorough understanding of your rights and options
- Benefit from legal guidance and advice whenever you have a question about your case
We aim to help you achieve legal outcomes that work for your family, attain your goals, and prioritize your child’s well-being.
Request a Consultation With Our Compassionate Attorneys
The lawyers at Viola Law Firm P.C. can help you through the process of determining child custody and visitation agreements. These discussions are rarely easy, but you will have us by your side every step of the way. To get started, call us at 650-343-6400 or fill out our secure online form. With an office in downtown San Mateo, our family law firm represents clients throughout the Bay Area and Northern California.
Have more questions about child custody and visitation in San Mateo? Our attorneys have prepared a Child Custody and Visitation Q&A.
For parents seeking a private and streamlined resolution, our private judging services provide an efficient alternative to traditional court proceedings. Explore private judging for family law cases.
Frequently Asked Questions
How can I get full custody in California?
In California, “full custody” can refer to sole legal and physical custody. Legal custody is a parent’s ability to make important decisions for the child, while physical custody is where the child lives. California does not automatically prefer joint or sole custody. The court selects the arrangement it finds to be in the child’s best interests.
Is California a 50/50 child custody state?
California is not automatically a 50/50 child custody state. Courts favor frequent and continuing contact with both parents, but only when it serves the child. If both parents mutually agree on a 50/50 schedule and this arrangement supports the child’s well-being, the judge will often approve it.
Can a parent deny visitation in California?
A parent cannot deny court-ordered visitation without seeking a new order from a judge, which may include an emergency order in some cases. If your child’s other parent is denying you visitation, contact our San Mateo child custody attorneys for assistance.
