HOW DOES CHILD CUSTODY AND VISITATION WORK IN CALIFORNIA?

A divorce can mean a great loss to a child accustomed to living with both parents. It is important for children, in most situations, to know and have an ongoing relationship with both parents, assuming that both are capable of providing a safe environment for the children during the time when they are together. In California, the public policy when it comes to child custody and visitation is to promote “frequent and continuous contact” between the non-custodial parent and the children of a divorced or unmarried couple. The exception would be if allowing visitation with the non-custodial parent would be harmful in some way, or “detrimental to the best interest of the child.” In the absence of any compelling reason to deny it, the non-custodial parent is entitled to “reasonable visitation.”  Contact an experienced San Diego based child visitation lawyer with any legal questions or concerns.

Ideally, the parents will be able to agree on an appropriate and fair visitation schedule. However, if there is no agreement the court will make that determination based on several factors. If the parents can’t agree, what constitutes “reasonable visitation” is left to the court’s discretion and is meant to be decided according to what is in the child’s best interests. A determination of what is reasonable will usually include splitting of major holidays and school breaks between the two parents. If you and your ex- or soon-to-be-ex spouse or partner haven’t managed to reach an agreement, your child visitation lawyer in San Diego can help negotiate a fair arrangement, in order to avoid unnecessary court intervention.

A court will take into consideration such the child’s age, special needs, and maturity, along with how much travel is required and, in an older child, the child’s own preference.

When faced with a dispute over appropriate visitation time, the San Diego Family Law Attorneys at Mellman & Mellman, LLP can be an invaluable resource to help negotiate a solution outside of court or make a strong argument to a judge.  The firm is especially adept at helping parents who have been alienated from their children by the other parent.

VISITATION WHEN IT COMES TO OLDER CHILDREN AND TEENAGERS

As children get older, they may form opinions about whether or not they wish to have visitation with the non-custodial parent. With younger children, it is understood that the custodial parent will enforce visitation as ordered by the court and failure to do so could result in a contempt of court.  In comparison, a teenager will have much greater leeway when they have no desire to see the other parent and refuses to honor the visitation schedule. Courts generally recognize that after a child reaches a certain age, it may be beyond the ability of the custodial parent carryout visitation and will defer to the child’s judgment.

CHILD SUPPORT ARREARS DO NOT PROHIBIT VISITATION

Although there is relationship between the amount of time each parent spends with the children and the amount of child support, it is critical to understand that being current on child support payments is not a requirement for continued visitation rights. Child support is an entirely separate matter. Visitation is typically only suspended if it is shown that visitation would be detrimental to the child. Timely payments are a financial matter between the custodial and non-custodial parent and have nothing to do with visitation.

Nor can visitation be discontinued because of the custodial parent’s disapproval of the non-custodial parent’s religious beliefs, sexual preference, or lifestyle (unless some element of the lifestyle, for example illegal drug use or alcohol can be shown to be detrimental to the child).

LEGAL DECISION MAKING DURING VISITATION PERIODS

Even during visitation, a parent with sole legal child custody retains the right to make important decisions about the child’s health, education, and welfare, not the parent the child is visiting, except when the two share joint legal custody.

WHEN CIRCUMSTANCES REQUIRE A CHANGE IN VISITATION

From time to time situations will arise that constitute a material change in circumstances from the date of the last court order.  For example, life carries on after a divorce, and people’s circumstances rarely remain the same for long: a new job, a new marriage, or the desire to move to be near family are just a few examples that could result in a change of the visitation schedule. Similarly, the non-custodial parent may be affected by changing circumstances that interfere with the original visitation schedule.

Another area of potential conflict and emotional turmoil occurs when a parent with primary physical custody desires to to move to a different location. A move away will typically result in the non-custodial parent no longer being able to adhere to the ordered visitation schedule. When this occurs, the parents may not be able to mutually agree on a new visitation arrangement and it will be necessary obtain a new court order. Move away requests can be extremely contentious and their outcome will often have a significant effect on the parties. At Mellman & Mellman, LLP our San Diego Family Law attorneys will help to negotiate an agreement that works for all concerned; otherwise, the we will put forth your best case at court and the judge will render a decision. When it comes to relocation and moving you will want Mellman & Mellman on your side to assist with coming to an agreement or to persuasively argue your position before a judge that the change you’re requesting or opposing is in the children’s best interest.

PROFICIENT LEGAL ADVOCACY FOR VISITATION DISPUTES

Visitation is often the most combative issue in a divorce or legal separation. This area of law is often very emotionally charged and is best dealt with by having an attorney on your side who can be a source of strength during these times. The educated, experienced, and sympathetic attorneys at Mellman & Mellman, LLP in San Diego understand the difficulties you are facing and can assist you in making a case for a solution that works for you and your family. Child custody and visitation disputes are not fights you should take on by yourself. Call the team of San Diego Family Law attorneys at Mellman & Mellman, LLP and arrange an appointment for a free consultation to learn how we can help.  We are available now to discuss your case at 619-304-0600.