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CHILD CUSTODY AND VISITATION

Situations arise where a court is called upon to either establish custody arrangements for a child for the first time, or where an existing arrangement should be changed. Unfortunately, parents do not always see eye-to-eye in this area and the process of resolving a dispute between parents concerning what custody arrangements are appropriate for a child can be extremely trying – from both an emotional and legal standpoint. Glavin Law has significant experience in the area of child custody litigation and has helped numerous parents – and their children – resolve these disputes both outside of, and through the court process. Working with families and mental health professionals, Glavin Law has insured that the best interests of children – the innocent victims of these disputes – have been protected.

The policy of the state of California is to provide minor children with “frequent and continuing contact” with both parents. Visitation may be curtailed, supervised (monitored), or, in extreme cases, denied, if contact with the non-custodial parent would be harmful to the child. An example of an extreme case would be a situation involving an incarcerated parent. Courts will generally not order a minor child to be brought to a jail or prison for visitation with an incarcerated parent.

The court system encourages parents to work out a visitation schedule mutually agreeable to both parents, keeping in mind the best interests of their children. Work and school schedules should be considered, as well as holiday times, birthdays, and summer vacation. A “typical” visitation schedule allows the non – custodial parent visitation every other weekend from Friday to Sunday nights, with at least one over-night visit during the week in weeks in which there is no weekend visitation. Birthdays and holidays should be shared equally. The children should be with their Mother on Mother’s Day, and with their Father on Father’s Day. The visitation schedule should also provide for some (suggest 2) weeks of uninterrupted vacation with each parent during the year.

Post Judgment Modifications

Changing economics and custody or visitation arrangements frequently result in the need or entitlement for a change in support arrangements.

Modifications of Child Support.

The obligation to support a spouse can be a long-term one with significant financial impact on a party. Changes in the financial, living and health situations can often affect the continued obligation to pay support.

Modifications of Custody Decrees.

The ever changing social fabric of the American family frequently means that circumstances arise after the entry of the divorce decree calling for a change in custodial or visitation arrangements.

The materials contained in this web site have been prepared by the Law Offices of William P. Glavin for informational purposes only. The information contained is general in nature, and may not apply to particular factual or legal circumstances. In any event, the materials do not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information on this web site is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this web site without seeking professional counsel.