When parents separate (or are otherwise unable to make their relationship work), the resulting family dynamic can have an immense impact on their child. Under California law, courts attempt to preserve stability in the child’s life through two distinct concepts: child custody and visitation rights. Visitation orders and rights determine how each parent will spend time with their child, and they serve a critical role in ensuring that each parent can stay in their child’s life.
Types of Visitation Orders
Although visitation rights generally determine how parents share time with their children, visitation orders can take many different forms. Under California law, each parent has equal rights to both child custody and visitation. However, the result of a visitation order ultimately depends on what the court finds to be in the child’s best interests based on the unique circumstances of the case. There are four, broad forms of visitation rights that any parent should know about when separating from the other parent.
Scheduled Visitation
The first form of visitation rights is “scheduled visitation,” which refers to a strictly defined schedule detailing a precise visitation plan. Through scheduled visitation, parents will determine the dates, times, holidays, and other occasions that each parent will have visitation with their child. A scheduled visitation plan clearly defines each parent’s visitation rights in order to reduce conflicts and confusion in the future. Scheduled visitation works best for parents who wish to hold one another accountable, and parents often use this type of visitation plan when their relationship is less amicable.
Reasonable Visitation
The second form of visitation rights is “reasonable visitation,” which refers to an open-ended plan in which each parent agrees to be reasonable and flexible in working out visitation. Because reasonable visitation entails few if any specifics, it requires a great deal of flexibility from each parent, and it is likely to spawn conflict where the parents’ relationship is contentious. Therefore, reasonable visitation works best for parents whose relationship is more amicable.
Supervised Visitation
The third form of visitation rights is “supervised visitation,” which refers to a visitation plan in which one parent only has visitation when under supervision by the other parent or a third party. Supervised visitation is common among families where allegations of domestic violence (namely child abuse or neglect) are present, but it may be appropriate under more amicable circumstances as well, such as where one parent is reentering the child’s life after a long absence. Click here for more information on supervised visitation.
No Visitation
The fourth form of visitation rights is the lack thereof: no visitation. “No visitation” is a rather extreme measure used where the court finds visitation would not be in the child’s best interest, even under supervision. This could be due to concern over physical or emotional harm to the child, or any other reason why visitation would be outside of the child’s best interest.
How to Get a Visitation Order
Although parents can reach an agreement (orally or in writing) among themselves that defines their child visitation plan without a formal legal process, such an agreement exists in a legal gray area until approved by a judge. If the parents can agree to a child visitation plan, that agreement is binding and enforceable, but a court ultimately cannot force compliance until a judge approves it. Therefore, obtaining a visitation order from a judge is the best way to ensure that each parents’ visitation rights are respected.
Related: Child Custody In California: Finding The Best Option For Your Child
What Do Judges Look For In Visitation Orders?
If the parents cannot agree on a child visitation plan (or if they want their agreed-upon child visitation plan to be enforceable in a court of law), then the parents should seek a visitation order. A visitation order will ensure that each parents’ visitation rights are respected.
Where the parents can agree on a visitation plan, they can petition the court to approve their agreement, and the judge will generally respect their joint wishes. Where the parents cannot agree on a visitation plan, the judge will ordinarily send the parents to mediation. The mediator will try to help the parents reach an agreement for the judge to approve. If mediation fails and the parents still cannot agree on a child visitation plan, then the judge will typically determine a child custody and visitation schedule based on what they believe is in the child’s best interests. See below for further details on what factors a judge will consider when issuing a visitation order.
What Factors Influence Visitation Orders?
Because child custody and visitation can be incredibly contentious and can have an immense impact on the child’s development, California courts consider many factors in determining the outcome of these issues. Ultimately, the court must grant custody and visitation according to what is in the best interests of the child, but there is a discrete list of factors that judges use in their analysis. Some of these factors include the following:
- The child’s age;
- The child’s health;
- The child’s relationship with each parent;
- The child’s interest in stability in their education, home, and community
- Each parent’s relative ability to care for the child; and
- Any history of domestic violence or criminal behavior.
Contact Pride Legal
If you or a loved one require assistance with child custody or visitation rights in California, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
