How Does California Stack Up With Parenting Time?

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Child Custody

When you are going through a divorce, there are so many things that need to be settled. On top of the emotional stress of the situation, you have to worry about splitting assets, child support, alimony, and child custody issues. At the Law Offices of Stephanie L. Mahdavi, we know that issues surrounding your children are important. Today, our Westlake Village child custody attorneys want to discuss how our state compares to other states when it comes to shared parenting time.

How does California do with parenting time?

The National Parents Organization (NPO) says they seek “to promote children’s well-being by making equal shared parenting the norm when parents live apart.”

The California Family Court expresses the same goals, though we know that equal shared parenting time can become a complex issue to tackle. The 2019 NPO report card gave only two states an “A” for equal parenting time, Arizona and Kentucky.

California received a “D” for their parenting time. Looking deeper into their analysis, we can see some positives:

  • The state required courts to consider ‘friendly parent’ factors in awarding sole custody.
  • The state laws provide sanctions for knowingly making false allegations of abuse.

However, the NPO points out several negative factors when it comes to parenting time in the state:

  • There is no statutory preference for shared parenting time. The presumption of joint custody applied only when both parents agree.
  • The state does not explicitly provide for shared parenting during temporary orders.

What types of custody are there?

The discussion of custody above revolved around physical custody of a child. Physical custody refers to where a child lives after the separation of the parents. There can be either joint or sole custody awarded in these cases. Visitation rights need to be established for parents without shared custody agreements.

There is also legal custody to be concerned with. Legal custody refers to which parent gets to make legal decisions regarding the child. This includes things like decisions of a child’s religious upbringing, schools, medical decisions, and more. There can be either shared or sole legal custody as well.

The same level of custody does not have to apply to both. For example, one parent can have sole physical custody while both parents have legal custody and vice versa. Or, one parent could have both sole physical and legal custody.

Let us help you get through this

If you are going through a divorce, or have been through one but are concerned about parenting time, please seek legal assistance as soon as possible. At the Law Offices of Stephanie L. Mahdavi, we believe every parent has the right to be treated fairly throughout this process. We will look into what is going on with your case and, if necessary, go back to court to modify custody or visitation orders. Let our compassionate and experienced team get to work immediately. When you need a Westlake Village child custody attorney, you can contact us for a consultation by clicking here or calling 805-379-4550.

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