What Are My Parental Visitation Rights in California?

Whether both parents think they are the one who should have full custody or you are trying to come to an amicable agreement in divorce mediation, understanding your rights is essential.

California courts award child custody based on the “best interests of the child” standard.  This means all decisions are made with the child’s physical, emotional and mental health in mind.

Contrary to what some people might still believe, a judge isn’t going to automatically give custody to the mother or the father, no matter what the sex or age of the child is.

If the other parent has sole or primary physical custody of your child, you may be wondering what your parental visitation rights are in California. First, it is important to understand the different types of visits there are.

 

Child Custody in California: Visitation Orders

Every few years, the U.S. Census Bureau releases a report titled Custodial Mothers and Fathers and Their Child Support. According to the 2015 report that was re-released in January of this year, of about 13.6 million custodial single parents living in the US, approximately half of them have a legal or informal child support agreement in place.

And nearly 90% of those agreements are formal ones (established by the court), including:

• Scheduled visits

  With this type of child visitation in California, you will always know who the child will be with and when. Children do better when they have a routine. Also, parents can avoid conflicts and/or confusion around who gets the child on a specific holiday, or on summer vacation.

• Reasonable visits

  Rather than a scheduled order, this is a bit more flexible. This type of arrangement only works if both parents are willing to compromise, communicate and be civil. While still a legal order, this one gives the parents the freedom to work out a schedule on their own.

• Supervised visits

  There are numerous reasons why a child may need to have supervised visits with a parent, from a substance abuse problem to a risk of parental abduction.

If a parent is deemed to be a physical or emotional threat to a child, a judge could also choose to prevent a parent from visiting their child.

Read What Factors Are Used to Determine Child Support & Custody? for more info on parental visitation rights in California.

If you are not satisfied with the outcome, you can ask the court for a change (either on your own, or with the support of the other parent). You will have to complete the necessary paperwork, and prove to the court that there is a good reason to change the order, not just that you’re not happy with the court’s decision.

While some parents may be tempted to have a verbal agreement to avoid legal fees and going to court, it is not a good idea. Without an enforceable agreement with the court, you could end up paying more when things go south.

Child custody in California is complicated. The best way to get the best deal for you and know your rights is by talking to a lawyer. Contact us to see how we can help.

This article is not legal advice nor a substitute for legal representation.