Newport Beach Visitation Attorney

Comprehensive Legal Representation in Orange County

Maintaining a solid relationship with both parents after a divorce is important for a child. This can be done through effectively establishing custody, visitation and a parenting plan. At the Burch Shepard Family Law Group, we frequently represent clients throughout Orange County and California in legal matters relating to custody and visitation.

Our firm is exclusively focused on representing clients in divorce, family law and related matters. Our Newport Beach family law attorneys receive many referrals from past clients and proudly hold a strong reputation in the legal community. Our partner attorneys, Robert Burch and Courtney Shepard are Certified Family Law Specialists by the state of California. This level of distinction is held by few firms throughout the area.

Need help with your visitation rights? Contact us today at (949) 565-4158 for trusted legal guidance and support.

Helping Families in Orange County With Visitation Matters

Our Newport Beach visitation attorneys provide competent advice, and represent Orange County mothers and fathers in custody and visitation matters, and also in matters involving:

• Parental relocations (move-aways)
• Guardianships
• Termination of parental rights
• Emancipation

Visitation And Custody — Determining Factors

California courts will ultimately look out for the best interests of the child when determining custody and visitation. When custody is determined, then a parenting plan is established to determine time that the noncustodial parent will have with the child(ren). A parenting plan is an all-encompassing approach to parenting children after a divorce, which includes both custody and visitation time. Our attorneys in Orange County will help determine and advocate for a fair and appropriate visitation schedule for you and your child.

Understanding Visitation Rights in California

In California, visitation rights refer to the time a parent spends with their child when they do not have primary custody. The court prioritizes the child's best interests when determining visitation arrangements.

• Legal Framework for Visitation: Visitation rights are a crucial part of the child custody arrangement, which includes both physical and legal custody. Physical custody refers to where the child lives, while legal custody pertains to decision-making authority over the child’s upbringing (e.g., education, health care).

• Visitation vs. Custody: While custody grants a parent the right to make important decisions about the child’s life, visitation ensures the noncustodial parent has the opportunity to spend time with the child. Visitation is often set in a structured schedule, considering the child’s needs, distance between parents, and the child’s age.

Modification of Visitation Orders

There are times when visitation arrangements need to be modified to better fit the changing circumstances of the family.

• When to Modify Visitation Orders:

  • Relocation: If one parent moves far away, it might be necessary to adjust visitation to account for distance and travel time.
  • Changes in the Child’s Needs: As children grow, their needs change, which might affect the visitation schedule. For example, as a child enters school or extracurricular activities, adjustments might be necessary.
  • Health Changes: If a parent’s health condition changes, it might affect their ability to care for the child during visits, requiring a modification of the visitation arrangement.

• Legal Process for Modification:

  • A parent seeking to modify a visitation order must file a petition with the court.
  • The court will review the reasons for the requested modification and decide if a change is in the child's best interests.
  • If both parents agree, modifications can be made through a stipulated agreement. If there is a dispute, the court will schedule a hearing.

Enforcing Visitation Orders

If a parent does not follow the visitation order, there are steps that can be taken to enforce it.

• Steps to Take:

  • Document Violations: Keep detailed records of missed visits, including dates and times.
  • Communication with the Other Parent: Attempt to resolve the issue with open communication. In some cases, the violation may be an oversight or miscommunication.
  • Mediation: If direct communication fails, mediation can help resolve the issue without going to court.

• Legal Measures for Enforcement:

  • If a parent continues to violate visitation orders, the other parent can file a motion in court for enforcement. The court may issue orders to ensure compliance or even impose penalties.
  • Contempt of Court: In extreme cases, a parent who continually violates visitation orders may be held in contempt of court, which could result in fines or other legal consequences.

Understanding visitation rights, how to modify them, and the enforcement process is essential to ensure that both parents remain involved in their child’s life after a divorce, providing stability and consistency for the child.

Frequently Asked Questions (FAQ)

Can visitation orders be enforced if the other parent refuses to follow them?

• Yes, visitation orders are legally binding. If the other parent refuses to comply, you can take legal action to enforce the order. This may include filing a motion in court or seeking mediation to resolve the issue. In some cases, the court may impose penalties on the non-compliant parent.

How does California determine a fair visitation schedule?

• California courts prioritize the child's best interests when determining visitation schedules. Factors considered include the child’s age, the parent-child relationship, the distance between the parents' residences, and any special needs the child may have. The goal is to ensure a stable and positive relationship between the child and both parents.

Can grandparents request visitation rights in California?

• Yes, grandparents can seek visitation rights under certain circumstances, especially if the child's parents are divorced, separated, or deceased. However, the court must determine that visitation with the grandparent is in the child's best interests.

How long does the process to modify visitation orders take in California?

• The timeline for modifying visitation orders depends on the complexity of the case and the court's schedule. Typically, once a petition for modification is filed, it may take a few weeks to a few months for the court to review the case and schedule a hearing. If both parties agree to the modification, the process can be quicker.

Can visitation be denied in California?

• Visitation may be denied in rare cases if a parent’s behavior poses a risk to the child's safety or well-being. For instance, if a parent has a history of abuse or neglect, the court may suspend or limit visitation rights. In these cases, the parent seeking visitation may need to demonstrate the other parent’s unfitness before the court will allow visits.

What happens if my ex-partner constantly violates the visitation order?

• If your ex-partner continuously violates the visitation order, you can request a modification or enforcement through the court. The court may issue fines, change the visitation arrangement, or even consider custody changes if necessary. In extreme cases, the violating parent may face contempt charges.

Facing challenges with visitation orders? Contact us at (949) 565-4158 for a consultation and let our experienced attorneys help you.