This section helps you understand some legal words that are used in family court to describe the sharing of parenting responsibilities. For example, you will often hear the words “custody” and “visitation” being used in separation and divorce cases. “Child custody” refers to the rights and responsibilities between parents for taking care of their children. In your case, you will need to decide on custody. You also need to decide on “visitation,” which means how each parent will spend time with the children.
In California, either parents can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. If the parents cannot agree, the judge will make a decision at a court hearing. The judge will usually not make a decision about custody and visitation until after the parents have met with a mediator from Family Court Services.
To set up a custody/visitation order for your children, you or the other parent must request an order from the court. How to do this depends on where you are at in the family court process:
After a judge makes a custody and visitation order, 1 or both parents may want to change the order. There are many good reasons why a parenting plan may need to be changed. As the children get older, for example, their needs, interests, and activities change. And as each of the parents moves on with his or her separate life, new partners, new jobs, or new homes can all mean that the parenting plan needs to be changed.
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