Every state has its own child custody laws, guidelines, and procedures. There are usually common themes throughout the states, but the final word on custody matters is the state where the parents live. And, there can even be differences in the custody procedures depending on the county in the state where you live. It’s always a good idea to check with your county courthouse to make sure that you understand everything you need to know for you custody case. Here is some custody information that is specific to the state of California.
To begin with, parents in California must create a California parenting plan (this is sometimes called a California custody agreement but the state and courts of California use the phrase parenting plan–they are essentially the same thing). This is a requirement of the law. The plan should contain all of the information about legal and physical custody. Legal custody means the authority the parents have to make important decisions about the child. This can be covered in the plan by the parents allocating he decision making responsibility through provisions and stipulations. As a general rule, the more specific the provisions are, the better. Physical custody can be covered by including a complete custody and visitation schedule.
A California custody schedule must include where the child spends time every day. This can be accomplished by having a repeating cycle of custody and visitation, a holiday schedule, vacation time, and special events in the schedule. The California visitation schedule is a big part of the parenting plan.
If parents are able to agree on the plan, they can submit it together to the court. If they don’t agree, they must attend at least one session of mediation. If mediation isn’t successful, a judge will determine the plan. Once the plan is accepted by the court it becomes a court order and the parents are legally obligated to follow it.