How to Get Child Custody and Visitation in a California Divorce

May 32, 2023

Child custody and visitation arrangements are among the most heavily disputed decisions during a divorce. Child custody covers the responsibilities and legal rights of parents regarding the care of their children. The two types of custody include:

  1. Legal Custody – Which parent makes crucial decisions for the child, including education, healthcare, spirituality, and general welfare
  2. Physical Custody – Which parent lives with the child for most of the time

Physical and legal custody can be sole or given to just one parent or joint or given to both parents. There are four main types of visitation or parenting time orders in California, including with a schedule, open-ended or reasonable, supervised, or no visitation.

Who Decides Child Custody and Visitation in a California Divorce?

Courts prefer parents to work out their child custody and parenting time issues. This also helps give parents control over what happens to their children after a divorce. If you and your soon-to-be ex-spouse can work amicably together to come up with a proper and fair custody and visitation agreement, the judge will review it and will likely turn it into a custody order.

Otherwise, the judge must decide your custody issues on your behalf, based on the available evidence from both parents, including any results of independent court-ordered investigations. For example, in challenging custody cases, including those where one parent claims the other parent is unfit, judges will usually order child custody evaluations. Take note that you can also ask for a child custody evaluation if the judge doesn’t.

How a Santa Barbara Child Custody Attorney Can Secure Child Custody and Visitation Rights For You

Getting divorced is already a complex and overwhelming experience, and when kids are involved, it can be even more difficult and complicated. When you work with a Santa Barbara child custody attorney, they will:

Consult With a Seasoned Santa Barbara Child Custody Attorney Today

At Bamieh & De Smeth, our Santa Barbara child custody attorneys will be staunch advocates for you and your family and make sure that all custody and visitation agreements will reflect your child’s best interests. We will also ensure that your legal rights are protected throughout the entire legal process, whether in or out of court.

Learn more about your child custody case and schedule a free case review with our Santa Barbara child custody attorney by dialing 805-643-5555 or reaching us online.