Divorce or separation can be a challenging time for everyone involved. It's especially tough for children to split their time between parents who no longer live together. While one parent may be awarded primary custody, the other has the right to visitation. However, understanding visitation rights is not always easy, and non-custodial parents often struggle to navigate this process.
What Are Visitation Rights?
Visitation rights refer to the legal right of a non-custodial parent to spend time with their child or children regularly. The amount of visitation time granted depends on various factors such as the child's age, the work schedules of both parents, the distance between homes, etc. Visitation is usually scheduled in advance and is specified in a court order.
Types of Visitation
Different visitation arrangements can be made depending on the circumstances surrounding each case. Standard visitation usually involves every other weekend plus some midweek visits. Supervised visitation occurs when there are concerns about the safety or well-being of the child while alone with one parent. Virtual visitation through phone calls or video chats is becoming more common in today's digital age.
Factors Considered by Courts
When determining visitation schedules and arrangements, courts take into account several factors, such as:
- Age and needs of the child
- Work schedules of both parents
- Distance between homes
- Child's school schedule
- Parental history (abuse, neglect)
- Child's preferences (if old enough)
Enforcement of Visitation Orders
Non-compliance with court-ordered visitation can have serious consequences, such as fines, jail time, or even a custody modification. However, it's essential to understand that visitation orders can be modified when circumstances change. For example, if the non-custodial parent has a job change that makes it impossible to stick to the original schedule, they can petition the court for a modification.
Tips for Non-custodial Parents
If you're a non-custodial parent struggling with visitation issues, here are some tips that may help:
- Communicate with your ex-spouse about scheduling changes in advance.
- Follow through on your scheduled visits and be punctual.
- Be flexible and considerate when it comes to changes in schedules.
- Avoid discussing legal matters with your child or putting them in the middle of any disputes.
San Bernardino Visitation Lawyers
If you're a non-custodial parent in Redlands, CA, facing visitation issues, remember that you are not alone. The Law Office of Michael R. Young is here to provide you with the support and legal expertise you need to navigate this challenging time. Our experienced family law attorneys understand the nuances of California's visitation laws and are committed to advocating for your rights. Contact us at (909) 315-4588, and let us help you maintain the precious bond with your child. Your family's well-being is our top priority.