Child Visitation Attorney in San Luis Obispo, CA
The term “child custody” pertains to the parental rights and obligations for child care. A divorce visitation order specifies how parents will spend time with their children. Parental living situations and child ages influence visitation orders. However, the child’s best interest would always come first. If you need help with your child custody and visitation agreement, consult with our child visitation attorneys in California today.
Who Is Granted Visitation Rights in California?
Visitation privileges aren’t only for parents. Depending on the circumstances and state, grandparents and siblings may be granted visiting rights. A court may even give complete custody to a grandmother if it is in the child’s best interests. Even if you aren’t a parent, talk to a child visitation attorney about your visiting rights.
In California, parental custody may be sole or joint custody. Although the court decides the final judgment on custody and visitation, they generally approve the parenting arrangement reached by both parents. If the parents are unable to agree, a court will make the decision. Typically, a court will rule on custody and visitation following a meeting between the parents and a Family Court Services mediator.
Consult experienced child visitation attorneys knowledgeable with visitation and parenting time guidelines in California. At 805 Law Group, your child custody and family law attorneys in San Luis Obispo, CA, will assist you in understanding the fundamentals of divorce, child support, child custody, and visitation.
Child Custody Orders in California
Legal Custody
It is a critical decision for your children’s health, welfare, and education. This includes the following:
Joint Custody
A joint custody allows both spouses to share the authority and responsibility for critical decisions about their children’s welfare, education, and health.
Sole Custody
Sole custody only allows one parent to have the responsibility and authority to make critical decisions regarding the children’s welfare, education, and health.
Parents with legal custody make decisions about their children’s:
- Child care and education
- Travel
- Residence
- Religious and other institutional activities
- Doctors, psychiatric, or different health therapy needs
- Sporting events, vacations, and academic activities
Physical Custody
Physical custody refers to which parent has physical custody of the children. Physical custody can take the following forms:
Joint Custody
Joint physical custody means that both parents share physical custody of the child. This means that the child will live with each parent for a certain period. however, this does not mean that each parent gets an equal share. Because of school, work, or travel difficulties, living arrangements can’t be divided equally.
Sole Custody
The terms “sole” or “primary” refer to children who live with one parent – called the primary custodial parent – more than 50% of the time. Different from a joint physical custody, this allows the child to have only one residence and visit the other parent regularly.
Physical custody is not referred to as equal time with both parents. Due to the difficulties of dividing time equally, children generally spend more time with one parent. The “primary custodial parent” is the parent who spends most of their time with their children.
A judge may grant parents joint legal custody but not joint physical custody. Even if they reside with one parent, both parents are responsible for important decisions affecting their children. Generally, the non-custodial parent gets visitation rights.
If you want to know more about how you can get child custody or visitation rights in California, consult our San Luis Obispo child visitation attorneys.
What Are the Different Types of Visitation Orders?
Visitation is how parents share time with their children. A spouse who has custody for less than half the time is given visitation rights. Visitation orders vary depending on the children’s needs, the parent’s circumstances, and other relevant concerns. Generally, visitation agreements are:
Reasonable Visitation
It is not required that the children see both parents on particular occasions. These directives are usually open-ended, allowing for parental discussion. This strategy works if both parents are flexibly communicating well. The welfare of the children may suffer if there is a misunderstanding or parental strife.
Supervised Visitation
Supervised visitation is used to oversee your children’s visits with the other spouse and when a child and parent re-establish communication after a long separation. California protects children’s rights when parents disagree on custody or visitation. A judge may order a child to visit only one parent with a neutral third person for their protection. This is called “supervised visitation.” A judge may order supervised visitation in the following circumstances:
- Allow the visiting parent to address any concerns they may have;
- The establishment of long-distance parent-child relationships;
- To facilitate the initial meeting of a parent and child;
- When marital violence, child abuse or neglect, or substance abuse is involved;
- Parenting concerns or concerns about mental illness; and
- When a parent makes an abduction threat
The court order will determine visitation times. Additionally, the court order may specify who will provide supervised visitation and where it will take place.
If you need help with your child custody and visitation agreement, consult our San Luis Obispo child visitation attorneys. We can help you get the visitation arrangement that is best for you and your family.
Visitation Based on Schedule
Parents and courts typically establish a visitation plan outlining when the children will see each parent to minimize misunderstandings. These important occasions include birthdays, Mother’s Day, Father’s Day, and other family dates.
No Visitation
Visitation will not be allowed when meeting with the parent would harm the children’s physical or emotional health. A parent’s absence from a child’s life is the child’s best interest in certain circumstances.
Virtual Visitation
Modern technology enables novel techniques of facilitating parent visits. Parents and children can connect virtually by webcam, phone, or computer software. This may be a beneficial alternative for parents and children who are no longer close or whom regular visitation is challenging to arrange due to work or school responsibilities.
Although this type of visitation’s challenges and legal ramifications are unclear, it is one of the convenient ways for parents and children to connect.
Consult our San Luis Obispo child visitation attorneys. We can help you get the visitation arrangement that is best for you and your family.
How Are Custody and Visitation Rights Decided in California?
According to the law, courts must award custody based on the child’s best interest. When determining what is appropriate and best for a child’s interest, the court will examine the following factors:
- The child’s age;
- The child’s health;
- The emotional attachments that exist between parents and kid;
- The parent’s capacity to raise a child;
- Any familial violence and substance misuse background; and
- The child’s connections to home, school, and community
Courts do not routinely grant custody to either parent regardless of age or gender. For example, a physical disability, a unique lifestyle, religion, or sexual orientation cannot be grounds for denial of custody or visitation.
Aside from custody, the judge may order child support. Don’t deny the other parent access to the child just because they don’t pay child support. So you can’t refuse your obligation to support your child if the other parent won’t let you see your child.
Custody and support are intimately linked since each parent’s time with the child influences child support. If either parent’s custody would be detrimental to the children, courts will occasionally award joint custody. “Guardianship” means incapacity to care for the children.
Consult our San Luis Obispo child visitation attorneys. We can help you get the visitation arrangement that is best for you and your family.
Enforcing a Visitation Order in California
Most parents comply with their parenting plans. However, some irresponsible parents miss custody or visitation arrangements. If you’re not receiving enough time with your child, you can sue to enforce your visiting and custody rights.
At the 805 Law Group, we have trusted child custody and visitation attorneys who can assist you in petitioning the court for a temporary modification owing to the other parent’s recklessness.
Child custody and visitation orders are legal orders that must be observed. Unfaithful parents might be penalized or required to conduct community service if they violate these orders. To prove that a parent violated a custody or visitation arrangement, you must establish that they were aware of it and intentionally disregarded it.
Consult our San Luis Obispo child visitation attorneys. We can help you get the visitation arrangement that is best for you and your family.
Talk to a San Luis Obispo Child Visitation Attorney
Call us now for assistance with child custody or visitation orders in San Luis Obispo, CA. Our child visitation attorneys have the knowledge and experience necessary to assist you and your child. Our child custody attorney will assist you in getting the best arrangement for your and your child. Schedule a consultation with our San Luis Obispo County attorneys today!
