What You Need to Know About How to Determine Child Custody Outside of California Courts
In California, a judge makes the final decision about child custody and visitation rights. However, a judge usually will approve an agreement made between the parents on their own terms. Here’s how to determine child custody outside of California courts.
California law dictates that either parent may have custody of the children, or that the parents may share custody. The manner in which child custody is handled may be determined outside of a court, but ultimately, it requires some interaction with a judge.
Related: How to Get Child Custody Without a Lawyer in California
Determining Child Custody Outside of a California Court
The courts reserve the discretion to determine child custody in each individual case, but usually approve an agreement plan made between both parents. This is referred to as a parenting plan.
Parenting Plans
A parenting plan is a written agreement on custody and visitation made between two parents. It contains both a time-share and a schedule for when the children will be with each parent. Parenting plans can include a decision-making factor that outlines how the parents will make decisions about the health, education, and welfare of the children. A parenting plan typically includes a holiday and vacation schedule, and any other agreements about the care and responsibility of the child as well.
Some factors to consider when creating a plan are the child’s relationship with each parent and/or siblings, the distance between both parents’ homes, both parents’ work schedule and their flexibility, childcare arrangements, transportation needs, etc.
Related: Factors that Determine Child Custody in California
It is important to note that a parenting plan is only enforceable upon a court order. To become a court order, the parenting plan must be signed by both parents and the judge, and filed with the court.
Helpful Forms for a Parenting Plan
- Child Custody and Visitation Order Attachment form [FL-341], which states the court’s decisions after a hearing about child custody and visitation plans that are in the child’s best interest;
- Child Custody and Visitation Application Attachment form [FL-311], which gives the court and the other parent more details about the orders the petitioner wants the court to make about child custody and visitation;
- Supervised Visitation Order form [FL-341(A)], which states the court’s decision (orders) after a hearing about supervised visitation or supervised exchanges;
- Child Abduction Prevention Order Attachment form [FL-341(B)], which states the court’s orders after a hearing on whether a child is at risk of being kidnapped by a parent;
- Children’s Holiday Schedule Attachment form [FL-341(C)], which parents can use to describe the holiday parenting plan believed to be in the child’s best interests. It may also be used to state the family or juvenile court’s orders about the child’s holiday parenting plan after a hearing;
- Additional Provisions — Physical Custody Attachment form [FL-341(D)], which parents may use to make agreements, or request court orders, about other matters concerning child custody that are in the child’s best interest. It may also be used to state family or juvenile court’s orders about additional child custody issues; and
- Joint Legal Custody Attachment form [FL-341(E)] which may be used by the parents to make agreements or request court orders about how parents will exercise joint legal custody in the child’s best interest. It may also be used to state the family or juvenile court’s orders about additional child custody issues.
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Before attempting to determine child custody outside of California courts, contact us. Get your free consultation with one of our experienced Child Custody Attorneys!