Child Visitation
Under normal circumstances in a dissolution of marriage action or a paternity action the parent who is not the primary residential custodian of the minor child will be awarded reasonable visitation rights with the minor child unless the Court finds that the visitation would be an endangerment to the child or would adversely affect the well being of the child.
The term reasonable visitation rights does not provide the non-custodial parent any explicit visitation rights. Describing the parent's visitation rights as “fair and reasonable visitation” is a common practice in uncontested dissolutions of marriage, however, the parent who receives “fair and reasonable visitation” is not receiving a right which is easily enforceable by a Court of Law. What exactly is “fair and reasonable visitation?” In most cases it is an unknown. What is fair and reasonable to the father may not be fair and reasonable to the mother. In the long run, if the parties cannot agree as to the terms of the specific visitation, one of the parties is going to be required to set a hearing before the Court to have the Judge set forth a specific visitation schedule.
It is a better practice to determine the specific periods of visitation prior to the entry of a visitation order. If the parties cannot agree as to the visitation schedule then the issue should be litigated now, instead of in the future, after the father and mother have already had disagreements concerning the visitation. These disagreements may cause a breakdown in communication and a termination of any contact with the minor child. If a minimum visitation schedule is specifically spelled out in the beginning, and the custodial parent refuses to allow the scheduled visitation the other parent has the right to enforce the visitation order and in some cases bring a contempt of court action against the custodial parent.
There is not a standard visitation schedule set out in California. Each couple's situation is different and must be discussed before a visitation agreement is entered into. Issues such as the age of the children, the relationship of the father and mother, where the visitation is to take place, year-round schooling and other school considerations, special needs of the children and other matters need to be considered in each individual case.
Under certain circumstances restrictions on visitation rights may be applied by the Court. Although, restrictions on visitation are generally disfavored, the Court has the power and ability to do what is in the best interests of the minor child or children. The Court has the discretion to restrict or limit visitation in any manner necessary to protect the minor children.
In certain circumstances a parent may be denied all visitation with their minor children. A grandparent may file a petition for visitation rights and the Court may grant the petition if it is in the best interests of the minor child and (1) one or both of the parents are deceased; (2) the marriage of the parents has been dissolved; or (3) the child has been deserted. Issues concerning visitation should be reviewed with an attorney who is familiar with this area of the law.
If you have any further questions or need additional information about our Family Law services, please do not hesitate to call (714) 441-5905.