Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
Child custody and visitation proceedings have far-reaching and significant implications both on the parents’ and the child’s life. In some instances, the parents may be able to come to a mutual agreement as to a visitation schedule for their child. In other cases, if an agreement cannot be established between the parents, then the court has to intervene.
If you are separated or divorced and need assistance in determining and establishing your rights to visit with your child, a dedicated Ventura County visitation lawyer could help you with this legal issue. When you consult with an experienced family attorney, they could help you to achieve a fair visitation arrangement that fits both your life and your child’s life.
California Family Code §3080 stipulates that there is a legal presumption that both parents having joint custody of the child will be in the child’s best interests. However, in a case where joint custody is not granted, California Family Code §3100(a) provides that the court shall grant reasonable visitation rights to the non-custodial parent so long as it is in the best interests of the child.
Orders that are deemed to be in the child’s best interest vary significantly on a case-by-case basis and are therefore fact-specific. There are various types of visitation orders that the court may grant such as:
Visitation According to a Schedule: this order sets out the dates and times that the parent can visit the child and can be helpful in accommodating each parent
Reasonable Visitation: this order is more flexible and does not set out the exact dates and times for visitations. These orders are more open-ended and can be achieved where the parents have open and consistent communication
Supervised Visitation: when the child’s safety or well-being may be in question, supervised visitation may be ordered. This type of order requires a custodial parent or professional agency to supervise the visit.
No Visitation: In some cases, the court may not order any visitation if the child has been emotionally or physically harmed by one of their parents or guardians.
An attorney in Ventura County could help someone request and negotiate for the type of visitation order that best fits their situation.
If parents cannot mutually agree to a schedule, they can pursue a court order. If the parents agree on visitation, this agreement is binding and legally enforceable following a court’s approval. If one of the parent’s violates the agreement, the other party could take legal action.
In some situations, the judge may send the parents to mediation if an agreement cannot be made. If mediation fails, however, the court determines the schedule. A lawyer in Ventura County could help a parent skillfully negotiate their rights to visitation.
In instances where parents cannot agree on a visitation schedule, the legal issues may become complicated and convoluted. To protect your legal rights to your child, consult with a Ventura County visitation lawyer. Call our office today, and we could help guide you through this process.
Hoffer Family Law Firm
