A custody journal is exactly what it sounds like: a log of when you and your ex actually have physical custody and/or visitation of your child after a custody determination. At a very basic level, a custody journal should contain: 1) the time at which your child was handed off from either you to the other parent, or vice versa; 2) any missed custody drop-offs and visitations and the explanations given (e.g. business meeting, doctor visit for child); 3) parental responsibilities that were or were not fulfilled, such as taking the child to basketball practice or a religious service; and 4) any issues that might have arisen that could be notable. The last point could include troubling statements made by the child about the other parent to you, statements made by the other parent you wish to preserve, and any physical, emotional, or other issues the child is facing. You might choose to share this journal with your ex and both sign off on it, or not. Here are a few reasons why keeping a detailed custody journal is important.
Enforcing the Custody Schedule
Both parents are required to abide by the custody agreement or order signed off by the court, but, for the most part, family courts are not in the business of policing the custody schedules and expect parents to be able to adequately follow the custody schedule without intervention.
But when one parent consistently is unable or unwilling to follow the terms of the agreement – either in fulfilling their obligations or in allowing the other parent access to the child – it may be necessary to return to court to have the judge apply additional pressure to ensure the agreement is honored. With a detailed custody journal in hand, you can provide the court evidence of your fulfillment of obligations and/or the other parent’s failure to abide by the terms.
Dealing With Modifications in Child Support
Circumstances change for parents and children alike after a custody arrangement is in place, and it may be the case that one parent ends up taking care of the child for more or less time than first envisioned due to each parent’s work schedules and other issues. Because child support amounts are in large part based on how much time each parent is spending with the child and what parental services are being provided, it may be necessary to modify the child support amount upwards or downwards. Presenting the court with your detailed custody journal will allow the court to see the evidence either supporting or going against a proposed modification in child support.
Potential Modifications to Custody Down the Road
Changes in circumstances may also necessitate a change in the custody order itself, perhaps giving one parent more custodial time with the child or awarding sole custody altogether to that parent. As with child support, a court will want to see a material change in circumstances since the original custody order before it will change a custody order, and a detailed custody journal can provide support for there being such a change in circumstances.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.