The court will
determine each parent's rights and obligations toward their children if the parties
cannot agree on a parenting arrangement. The court will make decisions about your
children if:
you are going through
a divorce (dissolution) and cannot agree on matters affecting the children
you and the other parent
were never married but one parent has asked the court for a legal order establishing
the rights and obligations of each parent
you are seeking a domestic
violence restraining order and have children with the person to be restrained
Custody refers to
the responsibility of caring for the children and planning for their future.
If you have children with another person, the end of that relationship usually
does not mean the end of your contact with that person. Together you should
try to agree on a plan that is best for your children. There are many different
types of custody:
Joint custody
means that both parents share physical and legal custody.
Sole physical custody
means that a child will live with and be under the supervision of one parent.
In this type of arrangement it is common for the other parent to have visitation.
Joint physical custody
is defined as each parent having significant periods of physical custody with
the child.
Sole legal custody
means that one parent shall have the right and the responsibility to make
the decisions relating to the health, education and welfare of a child. In
Joint legal Custody, both parents share these rights and responsibilities.
If you and the other parent
cannot agree on a plan, the court will decide. The official legal standard is
always the child's "best interest". The policy favored by the courts
is that arrangement which allows for frequent and continuing contact with both
parents. Before the court makes these decisions, parents must go through a process
with Family Court Services called mediation.
Mediation: Family
Court Services (650) 363-4561 is part of the court and provides mediation, counseling,
and evaluation of families with custody and visitation disputes. A person may
be ordered to mediation or evaluation when an action is started that involves
custody or visitation. Private mediators outside of the court system can also
be used.
During mediation both parents
sit down with a counselor and try to come to an agreement concerning custody
and visitation of the children. If the parents are successful at reaching an
agreement, they can receive help drafting a stipulation and court order through
the office of the Family Law Facilitator (650) 363-4590.
If mediation does not result
in an agreement between the parents, the counselor is required to make a recommendation
to the judge. The court will usually follow the mediator's recommendation.
If the court finds it to
be in the best interest of the children, the court can also order visitation
for grandparents, stepparents and others.
Parenting Classes: The
court requires parents with disputed custody and visitation issues to attend
a parent education class prior to the court date. Contact "Kids in the Middle" at 650-403-4300 for more information.
