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California Legal Forms--Transaction Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

34-124 California Legal Forms--Transaction Guide 124.syn


Provisions for Child Custody and Visitation


Matthew Bender editorial staff; Kathryn Kirkland, Esq., Ira Lurvey, Esq., and Diana Richmond, Esq., Editorial Consultants

Chapter Summary


This chapter discusses provisions intended to be used in marital settlement agreements (MSAs) and other custody agreements for child custody and visitation. The chapter's research guide contains the relevant California and federal statutes.

The legal background section discusses the validity of parties' agreements on custody and visitation. It notes that such agreements are subject to approval by the court, which will make the custody and visitation determinations based on the best interests of the child. It also describes special issues related to temporary custody and joint custody.

The chapter's transaction guide provides drafting assistance for custody and visitation provisions.

The forms section contains custody provisions related to legal custody, shared physical custody, traditional physical custody arrangements, split physical custody, and custody to a nonparent. The visitation provisions relate to "reasonable" visitation; visitation according to a specific schedule; supervised visitation; increasing visitation; pickup, return, and travel; and visitation for nonparents. Other general provisions relate to change of residence and removal of the child from the state, notice of whereabouts, children's surnames, telephone contact with children, the encouragement of love and affection and the prohibition of disparagement, and anti-abduction provisions. The forms are intended to be used in conjunction with the complete forms of marital settlement agreements set forth in Chapter 120, Complete Marital Settlement Agreements.

California Legal Forms: Transaction Guide (Matthew Bender) provides step-by-step guidance through all non-litigation business and personal transactions that are likely to arise in day-to-day practice, offering guidance through the drafting and filing of all the requisite forms. Topics include business organizations, real estate transactions, commercial transactions, wills and trust, contracts and obligations, performance of services, and personal transactions (including marital dissolution agreements). Each chapter includes four parts: a Research Guide, Legal Background, Transaction Guide, and Forms.


Child Custody,Visitation,Best Interests of Child,Temporary Custody,Joint Custody,Legal Custody,Physical Custody,Shared Physical Custody,Split Physical Custody,Nonparent Custody,Reasonable Visitation,Supervised Visitation,Increasing Visitation,Pickup of Child,Return of Child,Travel with Child,Nonparent Visitation,Change of Residence,Whereabouts of Child,Child's Surname,Abduction,Disparagement


For a discussion of general contract requirements that may apply to marital settlement agreements, see Ch. 75, Formation of Contracts and Standard Contractual Provisions.

For a discussion of the custody of minors, see Ch. 100, Control, Custody, and Support of Minors.

For forms of agreement concerning property and other matters that may be used by unmarried cohabitants, see Ch. 110, Nonmarital Cohabitation Agreements and Related Transactions.

For a discussion of premarital agreements, see Ch. 111, Premarital Agreements. For a discussion of postnuptial agreements, see Ch. 112, Postnuptial Agreements.

For complete forms of marital settlement agreements, see Ch. 120, Complete Marital Settlement Agreements.


For further discussion of provisions for child custody and visitation in marital settlement agreements, as well as custody and visitation issues in court that may be based on marital settlement agreements, see:
  • California Family Law Practice and Procedure, Ch. 32, Jurisdiction to Determine Custody and VisitationCalifornia Family Law Practice and Procedure, Ch. 32, Jurisdiction to Determine Custody and Visitation; Ch. 33, Custody and Visitation Orders; Ch. 35, Modification of Custody Orders and Change of Child's Residence; Ch. 211, Complete Marital Settlement Agreements; and Ch. 215, Custody and Visitation Provisions for Marital Settlement Agreements (Matthew Bender).
  • California Family Law Litigation Guide, Unit 31, Trial of Child Custody and Visitation Issues (Matthew Bender).
  • California Forms of Pleading and Practice-Annotated, Ch. 223, Dissolution of Marriage: Child CustodyCalifornia Forms of Pleading and Practice-Annotated, Ch. 223, Dissolution of Marriage: Child Custody; and Ch. 394, Parent and Child (Matthew Bender).
  • Family Law Litigation Guide with Forms: Discovery, Evidence, Trial Practice, Ch. 11, Depositions in Custody, Support and Other Non-Property Family Law Proceedings; and Ch. 35, Trial of a Custody Case (Matthew Bender).
  • Rabkin & Johnson, Current Legal Forms with Tax Analysis, Ch. 10, Domestic Relations (Matthew BenderRabkin & Johnson, Current Legal Forms with Tax Analysis, Ch. 10, Domestic Relations (Matthew Bender).
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