Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
In many situations, a court might award sole custody to one parent and visitation to another. In some cases, the parties can work out a reasonable visitation schedule that the court will approve. However, this is not always the case. As such, if you are facing a situation where you have to fight for access to your child, you should speak with a dedicated child custody attorney as soon as possible. A Thousand Oaks visitation lawyer could help you come up with a plan that both your co-parent and the court could agree with while protecting your parental rights in the process.
There are several types of visitation orders the court may consider. Typically, the court makes these decisions for any parent that has a low amount of physical custody. Like with all things in the divorce process related to children, visitation issues are determined on the basis of the children’s best interests. The court has the power to order substantial time with the non-custodial parent. The court can also order visitation to be supervised or monitored if the best interests of the children demand it. Also, the Court in very rare circumstances make an order of no visitation; however, that scenario is most likely in temporary situations where there is a Temporary Restraining Order.
One of the most common types of visitation is through the use of a set schedule. Many courts rely on this method to provide children with a sense of stability. A set schedule typically sets out the days or weeks a child will spend with one parent or the other. Often, these schedules are planned down to the specific holidays the children will spend with each parent.
Some orders are based on “reasonable visitation.” This type of order does not necessarily have a rigid schedule. Instead, it leaves up to the parents to work out a schedule. This flexible type of visitation works best for parents that get along well with each other. It may not be the best option for parents that are prone to conflict.
In some cases, the court will severely limit a parent’s right to access to their child. When the court is concerned about the well-being of the children but also wants to foster a relationship with the non-custodial parent, the judge could order supervised visits, which involves a third party like a social worker to be present during the course of the visit.
The court will rarely find that no visitation whatsoever is not in the children’s best interest. This means that the court does not feel the parent is safe to be around even with governmental supervision.
A dedicated lawyer in Thousand Oaks could help a parent fight for the type of visitation that is not only in the best interests of their child but allows a parent to maximize their time with them as well.
There are a handful of factors that courts consider when determining visitation. An attorney could advise a parent in Thousand Oaks on the factors that may affect their visitation case. These factors may include a prior criminal history especially involving violence or domestic abuse, the child’s relationship with each parent, and each party’s financial and mental stability. Ultimately, the decision rests on the child’s best interests.
Dealing with visitation issues is never easy for a divorcing parent. However, it is vital that you protect your legal rights throughout the process. A Thousand Oaks visitation lawyer could help you protect your relationship with your children. Call immediately to schedule a confidential consultation.
Hoffer Family Law Firm
