Before parents can address the issues of custody and visitation of their minor child(ren), there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting a dissolution of marriage, legal separation, or nullity. If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship.
In any dissolution matter regarding child custody and visitation where there is a dispute, (Family Code section §3170) mandates that the case be set for child custody recommending counseling prior to the court hearing. If agreement is reached, it is reported to the court (through the attorneys) and thus the court hearing may be cancelled since the family made its own decision. If no agreement is reached, a recommendation will be made by the court counselor and the court hearing will proceed.
Legal Terms Relating to Child Custody
Visitation: The designated time in which the non-custodial parent shall have responsibility of the children.
Legal Custody: The rights and responsibilities of parents to make decisions relating to the health, education and welfare of their children.
Joint Legal Custody: Both parents share in the right and responsibility to make decisions relating to the health, education and welfare of a child.
Sole Legal Custody: One parent has the right and responsibility to make decisions relating to the health, education and welfare of a child.
Physical Custody: How much time the children spend with each parent; where the children live; how day-to-day responsibilities are fulfilled.
Joint Physical Custody: Children spend a significant amount of time with each parent
Contact San Diego Child Custody Attorney for a free consultation:
Sachdev Legal Group, APC
2851 Camino Del Rio South, Suite 430
San Diego, CA 92108