In the state of California, the noncustodial parent has rights to visitation of their children that are subject to the discretion of the court. The family judge's top priority is the wellbeing of the children, and will award visitation based on what he or she believes is in their best interests. There are four main types of visitation:
Reasonable visitation: Typically, an order for reasonable visitation is open-ended and enables the parents to work out a visitation plan on their own. This order is often made when the parents have an amicable relationship that focuses on what is best for their children. However, even if the parents communicate well and are flexible, disagreements can occur that will cause complications in the visitation schedule.
Scheduled visitation: In many situations, it is helpful for the family to have a detailed visitation plan that specifically describes when each parent has visitation with the children. The schedule will outline the dates and times of visitation, including special occasions, holidays, and vacations.
Supervised visitation: If the judge believes the noncustodial parent could pose a threat to the safety and wellbeing of the children, they may order all visits to be supervised by the other parent, another adult, or a professional agency. The judge may also order supervised visitation if the children and parent need time to get familiar with each other.
No visitation: If the court determines that the children could suffer physical or emotional damage by visiting with the noncustodial parent, even while supervised, the judge may order no visitation. In such situations, the noncustodial parent will be ordered to have absolutely no contact with the children.
At Claery & Hammond, LLPour team is dedicated to helping parents protect their relationships with their children, and we can advocate for you before the court. It is very important that you retain knowledgeable representation to ensure your rights are not violated and that your voice is heard at your visitation hearing. Contact our experienced family attorneys to discuss your situation and learn more about your legal options.