Resolving Child Custody and Visitation Disputes

Child custody and visitation disputes often involve long and emotionally difficult paths toward resolution. California courts typically have programs in place to assist parents who are unable to resolve their custody or visitation issues independently. These programs vary depending on the county in which the case is heard. Still, they all follow the California Family Code, which prioritizes the best interest of the child under statutes such as Family Code sections 3011 and 3020.

In Los Angeles County, for example, parents with a custody dispute are required to attend a parenting education class called “Our Children First.” This program educates parents about the court system and helps them understand the impact of conflict on their children. Parents are also required to attend a family court service mediation appointment, which is offered free of charge.

Mediation and Parenting Programs in California

Through mediation, parents meet with a court-employed mediator, typically a highly trained mental health professional. The mediator helps parents create a parenting plan or custody and visitation schedule that reflects the needs of their children.

If parents reach an agreement, the mediator drafts a formal document, both parties sign it, and it is submitted to the bench officer (judge or commissioner). Once signed, it becomes a binding court order.

With mediation, parents may:

• Reach a full agreement,
• Reach a partial agreement, leaving unresolved issues for the court, or
• Reach no agreement, in which case the court decides all matters.

Different counties have their own variations of mandatory programs. For instance, San Diego County operates Family Court Services Mediation, while Riverside County may require Child Custody Recommending Counseling (CCRC). Although the specific programs differ, they all aim to reduce conflict and ensure decisions align with children’s well-being.

Simple vs. Complex Custody Cases

The complexity of a case influences how the court proceeds.

• Simple Custody Issues: The judge may simply listen to the parties’ proposals and issue a ruling in the child’s best interest.
• Complex Custody Issues: When deeper concerns arise, the court may order additional evaluations to address these concerns.

One option is a temporary custody order to address immediate needs while more evidence is gathered. The court may then order a Parenting Plan Assessment (PPA). In other cases, parents may seek a private custody evaluation for a more in-depth analysis.

Parenting Plan Assessments (PPA)

A Parenting Plan Assessment is conducted by a mental health professional trained in child development and family dynamics. The evaluator may interview parents, children, and other relevant parties, such as teachers or doctors.

The PPA provides:

• Insights into each parent’s ability to provide stability,
• Consideration of any history of abuse, neglect, or domestic violence,
• An assessment of the child’s needs and preferences, where appropriate.

The findings are compiled into a report submitted to the court. Judges often give significant weight to these professional evaluations when determining a final custody order.

Private Custody Evaluations

In more complex cases, parents may request or be ordered to undergo a private custody evaluation.

Unlike court-provided assessments, private evaluations are:

• More comprehensive, often including home visits, psychological testing, and interviews with extended family.
• Costly, typically ranging from $5,000 to $15,000 or more, depending on the evaluator and the complexity of the case.
• Lengthy, sometimes taking several months to a year before a report is finalized.

Although expensive, private evaluations can provide detailed evidence that influences court decisions on legal custody (decision-making power) and physical custody (where the child lives).

Types of Custody and Visitation

California law distinguishes between legal custody and physical custody:

• Legal Custody: The right to make decisions about a child’s education, health care, and general welfare. This can be sole or joint.
• Physical Custody: Determines where the child lives. This too can be sole or joint.

Visitation orders, sometimes referred to as “parenting time,” can take different forms:

• Scheduled Visitation: A detailed calendar including holidays, vacations, and weekends.
• Reasonable Visitation: Flexible arrangements agreed upon by parents.
• Supervised Visitation: Required when safety or parental stability is a concern.
• No Visitation: Ordered only in extreme cases involving risks to the child.

Emergency Custody Orders

Sometimes urgent circumstances require immediate court action. In such cases, a parent can request an ex parte emergency custody order if there is a risk of harm, abuse, or abduction. These temporary orders are typically granted for a short period until a full hearing is scheduled.

Factors Courts Consider in Custody Decisions

Under California Family Code §3011, the court considers:

• The health, safety, and welfare of the child.
• Any history of domestic violence or substance abuse.
• The nature of the child’s relationship with each parent.
• Each parent’s ability to foster a relationship with the other parent.
• In some cases, the child’s preferences are considered if they are of sufficient age and maturity.

Enforcement and Modification of Custody Orders

Even after custody orders are established, disputes may continue. If one parent fails to comply with a visitation schedule or custody plan, the other parent may file an enforcement motion. Courts may impose penalties, including fines or contempt of court charges.

Custody orders are not always permanent. A parent may request a modification if there has been a significant change in circumstances, such as relocation, remarriage, or changes in the child’s needs.

Relocation and Move-Away Disputes

One of the most contentious custody issues arises when one parent seeks to move with the child to another city, state, or country. California courts weigh factors such as:

• Distance of the proposed move.
• Impact on the child’s schooling, family ties, and stability.
• Each parent’s ability to maintain frequent and continuing contact.

These disputes are complex, and outcomes often depend on whether the parent has sole or joint custody.

The Role of Children’s Voices

California courts recognize children’s rights to be heard under Family Code §3042. When children are mature enough, their preferences may be taken into account in custody disputes. Judges may rely on minor’s counsel, guardians ad litem, or interviews with evaluators to ensure children’s voices are appropriately included without causing emotional harm.

Costs and Timelines of Custody Disputes

• Mediation: Free or low-cost, resolved within weeks.
• PPA: May take several weeks to complete.
• Private Evaluations: Expensive and time-consuming, lasting months.
• Litigation: If custody cases go to trial, they may take a year or more.

These costs are not only financial but emotional, often leaving parents and children under stress.

Frequently Asked Questions (FAQs)

What if my ex refuses to attend mediation?

If mediation is court-ordered, both parents are required to attend. Refusal can negatively impact custody rights.

Can I request supervised visitation?

Yes, courts may order supervised visitation if there are concerns about a child’s safety or parental fitness.

What happens if my child does not want to visit the other parent?

The court will consider the child’s wishes if the child is mature enough; however, the judge ultimately decides based on the best interest standard.

Can I represent myself in a custody case?

Parents may represent themselves, but given the complexity of custody disputes, it is strongly advised that they seek legal representation.

Can custody orders be appealed?

Yes, but appeals are limited to legal errors, not disagreements over the judge’s decision. Consulting an attorney is essential for this process.

Get Legal Help from Reape Rickett

Child custody and visitation disputes involve emotional, financial, and legal challenges that parents should not face alone. From emergency custody orders to relocation disputes and long-term custody planning, having strong legal guidance is essential.

At Reape Rickett, our family law attorneys have decades of experience in handling complex custody matters throughout California. We understand the nuances of the law, the importance of protecting children’s best interests, and the strategies required to present your case effectively.

If you are facing a custody or visitation issue, contact Reape Rickett today to schedule a consultation and secure the legal support you need.