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Superior Court of California - County of San Diego: Family & Children: Frequently Asked Questions: Child Custody and Visitation FAQ
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Child Custody and Visitation Frequently Asked Questions

  1. What is child custody?
  2. When does court-ordered child custody end?
  3. What if the other party is not following the child visitation/support order?
  4. If I don't see my child, can I stop paying child support?



1. What is child custody?

A "custodian" is a person who "guards or protects" someone else. In a court of law, child custody means the appointing of one or more persons to take care of and control a child under the age of 18 years.

In the State of California, there are several types of child custody:

  • Physical custody means who the child lives with most of the time;
  • Legal custody means who has the right and responsibility to make the decisions relating to the health, education and welfare of the child.

The physical and legal custody of the child may be "sole" or "joint."

  • Sole physical custody means that the child will live with and be under the supervision of one parent. (The court may order that the other parent has some rights to visit the child.)
  • Joint physical custody means that each of the parents will have significant periods of physical custody.
  • Sole legal custody means that one parent will have the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.
  • Joint legal custody means that both parents will share the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.

In general, after parents separate, it is considered best if the child has frequent and continuing contact with both parents and that both parents share the rights and responsibilities of raising their child.

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2. When does court-ordered child custody end?

Court-ordered child custody usually ends when:

  • the child turns 18 years of age,
  • the child gets married or joins the military;
  • the court ends the support or custody; or
  • the child dies before the age of 18;

whichever occurs first.

In California, on a person's 18th birthday, he or she has reached the "age of majority" and is considered an adult. From that date, the laws of child custody no longer apply.


3. What if the other party is not following the child visitation/support order?

If you are a self-represented litigant, you can seek information from the self-help services staff in the Family Law Facilitator's Office.

If the other parent has violated court ordered visitation, you may report this violation to the San Diego County District Attorney’s Office at http://www.sdcda.org/helping/visitation/child-visitation-violation.html.

The system will allow you to document violations immediately without contacting law enforcement to take a report.

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4. If I don't see my child, can I stop paying child support?

NO. Access to the child for visitation and payment of child support are two separate issues. If you are having trouble seeing your child when you are scheduled to do so, or if the other parent is preventing you from seeing your child according to the court order, you need to return to court to address your current situation.




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