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Visitation Rights

Los Angeles Visitation Attorneys

Recognized Three Times by the Los Angeles Times. Over 15 Years Fighting for Los Angeles Families.

In California, noncustodial parents have the right to seek visitation with their children, and the family court determines the arrangement. A visitation order outlines the schedule and conditions under which a noncustodial parent may spend time with a child who primarily lives with the custodial parent. The court’s overriding concern is the child’s well-being, and in most cases it determines that children benefit from maintaining a healthy relationship with both parents.

At Claery & Hammond, LLP, we represent parents in visitation disputes before Los Angeles family courts. If you’re dealing with a custody or visitation issue, we offer free initial consultations so you can explore your options without obligation.

Going through a visitation dispute? Our attorneys can provide the representation you need to protect your rights. Contact Claery & Hammond, LLP today by calling (310) 817-6904.

Types of Visitation Orders in California

California courts may establish four types of visitation orders depending on the circumstances of each family. The arrangement that applies to your case will depend on the relationship between the parents, any safety concerns, and the child’s needs.

  • Reasonable Visitation – An order for reasonable visitation is open-ended and allows the parents to work out a schedule on their own. This is typically used when parents have an amicable relationship and can cooperate in the child’s best interests. Even so, disagreements can arise that complicate the arrangement over time.
  • Scheduled Visitation – When more structure is needed, the court may issue a detailed visitation plan specifying exact dates and times, including holidays, special occasions, and vacations.
  • Supervised Visitation – If the judge believes the noncustodial parent could pose a threat to the child’s safety, visits may be required to take place under the supervision of the other parent, another adult, or a professional agency. Supervised visitation may also be ordered when a parent and child need time to rebuild their relationship.
  • No Visitation – When the court finds that any contact with the noncustodial parent, even supervised, could cause the child physical or emotional harm, it may order that all contact cease entirely.

How California Courts Decide Visitation

The primary standard California courts apply is the best interests of the child, codified in California Family Code Section 3011. That statute directs courts to weigh the child’s health, safety, and welfare; any history of abuse by either parent; the nature and amount of contact each parent has maintained; and any habitual or continual illegal use of controlled substances or alcohol. Beyond the statute, courts may also examine:

The Child’s Health & Safety
Protecting the child from harm is the court’s top priority. If there are allegations of abuse or neglect, the court may order supervised visitation or restrict it altogether.

Parental Relationship
The court considers the quality of each parent’s relationship with the child. A parent who has been absent or uninvolved may face a more limited initial arrangement while the court works to support meaningful contact between the child and both parents where appropriate.

Child’s Preferences
Depending on the child’s age and maturity, the court may take the child’s preferences into account. Those preferences aren’t the deciding factor, but they can carry weight alongside other relevant circumstances.

Ability to Co-Parent
Courts look at whether each parent is willing to facilitate a relationship between the child and the other parent. A parent who obstructs visitation or interferes with the other parent’s access may face enforcement action or a modification of the custody arrangement.

Geographical Distance
When parents live far apart, the court considers the distance between homes alongside the child’s school schedule and activities. Long-distance arrangements often require additional scheduling adjustments to remain practical.

Parental Health
A parent’s physical or mental health may be relevant if it could affect their ability to provide safe, appropriate care during visitation.

How the Los Angeles Superior Court Visitation Process Works

Visitation cases in Los Angeles are filed with the Family Law Division of the Los Angeles Superior Court. Knowing what to expect at each stage can make the process more manageable. Our child visitation attorneys in Los Angeles guide clients through every step.

Filing a Request for Order
A visitation proceeding begins when a parent files a Request for Order with the court. This document asks the judge to establish or modify a visitation arrangement and formally sets the case in motion.

Our Children First Orientation
Before any contested hearing, each parent in Los Angeles County must complete the Our Children First orientation program and file the completion certificate with the Clerk of the Court. This requirement applies regardless of whether the parents expect to reach an agreement.

Family Court Services Mediation
The Los Angeles Superior Court requires Family Court Services (FCS) mediation before any contested custody or visitation hearing. FCS mediation is confidential: the mediator cannot report the substance of discussions to the judicial officer, and FCS personnel cannot be compelled to testify about what occurred in mediation. The process is provided at no charge to the parties.

Mediation Agreements and the Five-Day Window
If both parents reach an agreement in FCS mediation, they have five calendar days to cancel it. After that window closes, the parenting plan is submitted to the assigned judicial officer for approval and may become a binding, enforceable order once signed, though the judge may require the parents to appear at a hearing before doing so. Understanding this window before mediation begins can matter more than most people expect.

When Mediation Does Not Resolve the Dispute
If mediation doesn’t produce a full agreement, the case proceeds to a court hearing. The judge evaluates the evidence each parent presents and, where appropriate based on age and maturity, may consider the child’s input. It’s also worth noting that a parent’s timeshare percentage under the visitation schedule can directly affect child support calculations under California law, making accurate enforcement of the parenting plan both financially and personally significant.

We understand the Los Angeles Superior Court Family Law Division’s procedures and take a collaborative approach to case preparation so clients know what’s happening at each stage and are ready for mediation and any subsequent hearing. If you need a child visitation lawyer in Los Angeles, we’re ready to help.

Modifying an Existing Visitation Order

Life changes, and visitation orders sometimes need to change with it. If a parent has relocated, changed jobs, or if new concerns have emerged about the child’s welfare, it may be time to modify the visitation schedule. A new Request for Order must be filed with the Los Angeles Superior Court, and the petitioning parent must provide evidence that the proposed change is in the child’s best interests. Our Los Angeles visitation attorneys can help you file the motion and represent your interests at the modification hearing.

What to Do If the Custodial Parent Withholds Visitation

It’s not uncommon for custodial parents to deny noncustodial parents their court-ordered visitation. Under California law, denying court-ordered visitation is a violation of that order. Disagreements over child custody or objections to a new partner’s presence don’t constitute valid grounds to withhold access. Denial can take many forms:

  • Refusal to Allow Visitation: The custodial parent outright refuses the noncustodial parent’s court-ordered time without a valid reason.
  • Interference with Scheduled Visits: The custodial parent cancels or reschedules visits without justification.
  • Manipulation of the Child: The custodial parent discourages or prevents the child from spending time with the noncustodial parent.
  • False Allegations: The custodial parent makes false allegations of abuse or harm to obstruct visitation.
  • Relocation without Notification: The custodial parent moves with the child without notifying the noncustodial parent, making scheduled visits impossible.
  • Restrictive Conditions: Imposing unreasonable conditions on visitation, such as demanding supervision or limiting visit duration, can constitute denial.
  • Violation of Court Orders: The custodial parent disregards court orders governing the visitation schedule.
  • Emergency Situations: A genuine emergency may occasionally interrupt a scheduled visit, but the custodial parent is still obligated to communicate and arrange an alternative.
  • Parental Alienation: When one parent systematically influences the child to reject or fear the other, courts may treat that conduct as a factor in the best-interests analysis.

If visitation is being withheld, here are steps you may consider:

  1. Communication: Attempt to communicate with the custodial parent to understand the reason. Keep records of every attempt, including dates, times, and the method used.
  2. Mediation: A neutral mediator can help facilitate communication and move both parents toward an agreement outside of court.
  3. Court Order Enforcement: If the custodial parent is violating a court order, you may need to file a motion to enforce it. A court can intervene directly to address violations.
  4. Documentation: Keep detailed records of every denied visit, noting dates, times, and relevant circumstances. This documentation can be critical if legal action follows.
  5. File a Contempt Motion: If violations continue despite a court order, you may ask the court to hold the custodial parent in contempt. Repeated violations can also prompt the court to consider changes to the custody arrangement.
  6. Modification of Visitation Order: When circumstances have materially changed, seeking a formal modification may provide a more durable solution than enforcement alone.
  7. Consult with an Attorney: A family law attorney can assess your specific situation, explain your options, and help you navigate the process effectively.
  8. Stay Calm and Persistent: Follow legal procedures, attend hearings as required, and work within the system. Judges may consider which parent is acting in good faith.

Your Child Visitation Lawyers in Los Angeles

Since opening in 2009, Claery & Hammond, LLP has practiced exclusively in divorce and family law, giving our team over 50 years of combined experience in exactly the matters that bring parents to our door. We are one of only 13 firms selected for the Los Angeles Times’ Family Law Practitioners feature, and we’ve earned that recognition three times: in 2013, 2015, and 2023. Founding partner Lance Claery has been rated by Super Lawyers®, selected to Super Lawyers Rising Stars, and named among the top 10 percent of lawyers in the United States by Lawyers of Distinction.

What distinguishes us as child visitation attorneys in Los Angeles is how we work. We don’t hand down a strategy and leave you guessing about your own case. We take a collaborative approach, keeping you informed and involved so you understand what’s happening at every stage and what to prioritize. Attorney Eli V. Hammond is fluent in Spanish and conversational in Portuguese, allowing us to serve Spanish-speaking families throughout Los Angeles.

You’re never just a case number with us. Every parent we represent has a real story and real stakes, and we give each client the time and personal attention that reflects that. Whether you’re establishing a parenting plan, seeking to modify an existing order, or enforcing a schedule the other parent has ignored, we’re here to advocate for you. Contact our Los Angeles child visitation lawyers today to schedule your free consultation and learn what Claery & Hammond, LLP can do for your family.

Fighting for your visitation rights? Call us at (310) 817-6904 or fill out a free case evaluation form to discuss your options today.

What Makes Claery & Hammond, LLP Different?

It's Easy. We Put Our Clients First.
  • Featured Los Angeles Times Family Law Practitioners 

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  • We Offer a Free Initial Case Consultation
  • Our Team Has Over 50 Years of Combined Experience
  • Our  Attorneys Handle All Types of Family Court Issues
  • We Solely Focus on the Areas of Divorce and Family Law

Contact Claery & Hammond, LLP Today!

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