Child custody
is often the most painful part of a divorce and nothing in this post should be
taken as considering this issue lightly. In California, the standard applied by
the family court is ”the best interest of the child.” And that can mean a lot of
things and the context in which that is determined is both broad and complicated. There
are probably as many variations on custody schedules and arrangements as there
are types of families, and often what works in one situation may not work in another
as every family has different needs at different times.
There are
more common custody schedules that we have all seen or run across: every other weekend,
Fridays to Sundays, Fridays to Mondays, weeknight dinner visits, Wednesday overnights, school drop-offs so
there’s no personal contact between the parents, one week on and one week off. Those
are just a few of the custody arrangements out there for parents to consider,
when talking about setting up a schedule of access for both parents.
But parents aren’t limited to what they’ve seen other people choose
or what they’ve previously read about or been told about by other people. There
are many alternatives to the more traditional or common custody arrangements. Parents
are being more and more creative and finding solutions that work for their family
and their child(ren).
Nesting, where
the parents come and go on their visitation time into a shared household and
stay with the kids to keep the disruptions to a minimum for the children, is growing
in popularity but requires a delicate and considerate balance between the parents.
Virtual visitation
through Skype, videophones, Google chat or other online access points can allow
parents more freedom to pursue more or better work opportunities or just pursue
work (depending on the economic situation) and still maintain access to the
child. It can also supplement actual access between parent and child.
There’s also
a right of first refusal that provides for a parent to have the option to care
for the child if the other parent is unavailable during their custodial time.
This is also something to be discussed and possibly negotiated between the
parents.
There is lots of room for creativity
in the setting up of a custody and visitation schedule between parents who are
focused on what’s actually best for their child(ren). Educate yourself, surf
the internet, talk to other divorced parents and talk to a lawyer about your situation,
your spouse, your kids and everybody’s needs. Consider everything and get good
advice. We’re here to help you with that. Call the Riverside LRS for a consult with a family
lawyer who can help you wade through all the hard issues of divorce, especially
custody. Call us 8:30 a.m. to 4:30 p.m. M-F at (951)
682-7520.
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