In California divorce law, the term “frequent and continuing contact” is often used in relation to child custody and visitation matters. It generally refers to the expectation that both parents will maintain a consistent and meaningful relationship with their children after a divorce, in a way that is beneficial to the child’s well-being. The idea is that children should have the opportunity to have regular and significant interaction with both parents, unless there are circumstances that would make this harmful.
Here’s how frequent and continuing contact is applied in the context of California divorce:
1. Child Custody and Visitation
Under California Family Code, when determining child custody arrangements, the court prioritizes the best interests of the child. One of the key factors in this determination is the goal of encouraging frequent and continuing contact between the child and both parents. This is especially important in the context of joint physical custody, where the child spends substantial time with both parents.
- Joint Physical Custody: In cases of joint physical custody, the child lives with both parents for significant periods of time. The court encourages frequent and continuing contact with both parents to ensure the child maintains a strong relationship with each. This arrangement can include regular visits, overnights, weekends, and holidays with both parents, based on what is best for the child.
- Parenting Plans: The court often requires a parenting plan that details the schedule for when the child will be with each parent. A parenting plan should facilitate frequent and continuing contact, ensuring both parents have regular, meaningful involvement in the child’s life.
2. Impact on Custody Decisions
When courts consider child custody in California, they are required to ensure that both parents have frequent and continuing contact with their children, barring any safety concerns such as domestic violence, substance abuse, or other issues that may harm the child.
In fact, the California Family Code emphasizes that children should have the benefit of both parents’ involvement in their lives unless there are extenuating circumstances that would make such contact detrimental. Courts will typically try to avoid one parent being completely cut off from the child’s life unless there is a valid reason (such as abuse or neglect).
3. Exceptions to Frequent and Continuing Contact
While frequent and continuing contact is a general rule, there are exceptions, especially if such contact would not be in the best interests of the child. Examples of exceptions include:
- Domestic Violence: If one parent has a history of domestic violence, the court may limit the frequency or type of contact the abusive parent can have with the child. For example, supervised visitation or restricted visitation might be ordered.
- Substance Abuse: If there are concerns about a parent’s drug or alcohol abuse, the court might limit the time the parent can spend with the child, requiring supervised visitation or a drug/alcohol test before visitation.
- Mental Health Issues: In cases where a parent has mental health issues that may impair their ability to care for the child or put the child at risk, the court might limit or supervise contact.
4. Presumption in Favor of Joint Custody
California law presumes that joint custody (where both parents share responsibility for the child’s upbringing) is in the best interest of the child, as it facilitates frequent and continuing contact with both parents. However, the court will still assess the situation individually, considering various factors such as:
- The child’s age and health.
- The parents’ ability to cooperate and communicate.
- The child’s ties to school, community, and other social connections.
5. Long-Distance Custody and Visitation
In situations where parents live in different locations, frequent and continuing contact can be more challenging. Courts may need to develop visitation schedules that allow for regular visits, such as during school vacations, weekends, or holidays. The court will weigh the best interests of the child, including maintaining a meaningful relationship with both parents even in the case of physical distance.
6. Role of Mediation
In California, parents going through a divorce are typically encouraged (or required) to participate in mediation to help them develop a parenting plan that provides for frequent and continuing contact. Mediators work with the parents to design a schedule that works for both parties while focusing on the child’s best interests.
If mediation fails and parents cannot reach an agreement, the court will make a decision on custody and visitation based on the best interests of the child, with frequent and continuing contact being a major factor unless otherwise determined by the court.
Conclusion
In California divorce cases involving children, frequent and continuing contact between the child and both parents is generally considered important for the child’s well-being. Courts prioritize maintaining a strong relationship with both parents after a divorce or separation, unless there are safety concerns or other significant factors that would make such contact harmful. The goal is to provide a stable, nurturing environment where the child has the opportunity to form meaningful, ongoing connections with both parents, while always prioritizing the child’s best interests.