Uncontested Child Custody
Before parents can file their custody and visitation agreement for their child, there must be an underlying action. If the parents are married, there must be an action requesting dissolution of marriage or legal separation to even be able to receive court orders on custody issues. If the parents are unmarried, an action must by filed to establish the parental relationship (otherwise known as a paternity action).
If there are not child custody orders currently in place, who can exercise custodial rights?
Both legal parents. Neither legal parent has any greater custodial rights than the other without a child custody order in place.
Legal Custody: Sole vs. Joint
Sole Legal Custody refers to one parent having the right and responsibility to make decisions regarding the health, education and welfare of a child.
Joint Legal Custody refers to a custody arrangement in which both parents share the right and responsibility to make decisions regarding the child's health, education, and welfare. Joint legal custody is typical, unless there are specific compelling reasons against it, which must be articulated and argued to the court.
Physical Custody: Sole vs. Joint
Sole Physical Custody refers to the child residing with, and being under the supervision of one parent. Orders for sole physical custody are subject to the visitation rights of the other parent.
Joint Physical Custody simply means that both parties will have significant periods of physical custody with the child.
San Diego family courts will often use the term "primary" physical custody to refer to an unequal timesharing arrangement, where one parent primarily exercises physical custody of the child.
Visitation
Visitation rights are typically awarded to parents seeking time with their child. The amount of time and the parameters of visitation are often concerns for parents.