Child Custody and Visitation


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Legal Custody

Legal Custody allows a parent to make decisions regarding the health, education and welfare of a child. Joint legal custody is extremely common. However, occasionally sole legal custody is appropriate and ordered by the Court

Physical Custody

Physical custody of a child allows a parent the day to day responsibility to care for the child. Each case is evaluated individually by the court based on the best interest of the children. Of course, physical custody relates to where the child primarily resides. In this day and age, joint physical custody is common as well as the more modern labels of “primary” and “secondary” physical custody. Of course, sole physical custody is also used and appropriate in some instances. Regardless of the label, California law states it is important for children to have frequent and continuing contact with both parents.


California law suggests that frequent and continuing visitation is in a child’s best interest. In some instances, the Court may be required to weigh the safety of a child against frequent and continuing visitation. Many times this requires monitored visitation. The Law Office of Anna Brace has experience dealing with professional monitors and also family members monitoring visits. Additional safeguards of drug and/or alcohol testing can be put in place to ensure that the children are safe when substance abuse is at issue. When there are concerns regarding a parent’s safety a 730 Evaluation or a Child Custody Investigation through the Courts may be conducted. The Law Office of Anna C. Brace has dealt with many such evaluations and can walk you through each step of the process.