Divorce can be a trying time for all involved, and that’s especially true when you have children. For many parents seeking a divorce, one of the most challenging things to face is the idea that you will no longer spend as much time with your kids as you did before. The need to split your children’s time between their parents means your time together will be limited from now. Working with an experienced Irvine visitation lawyer who understands how to navigate the murky waters of visitation rights is one way to ensure that you get to spend as much time with your kids as possible.
As part of your divorce proceedings, you will work alongside your attorney and your spouse’s legal team to develop a visitation schedule that works for your family. A visitation schedule or order essentially outlines a plan for how each parent will share time with their children after the divorce. Because visitation rights can be so contentious, you might have to settle your differences in court. Several factors will go into the ultimate visitation schedule, such as your children’s ages, each parents’ work obligations, living arrangements, and more. The court will approve whatever proves to be in the best interests of the child.
Below, we review the four types of visitation generally granted by the state of California.
When parents can amicably agree on the visitation schedule that works for them, they create a plan submitted to the court for approval. The judge then usually confirms the plan as an official court order. This plan will usually include a schedule of dates and times the kids will be with each parent, including weekends, holidays, vacations, and special events like birthdays, weddings, and graduations. While extenuating circumstances may sometimes alter the calendar, this calendar will generally govern visitation between the parents.
A reasonable visitation order generally leaves it up to the parents to decide what is a reasonable amount of time for the non-custodial parent to spend with their child. This very open-ended arrangement might be suited for a couple who still gets along rather well and isn’t concerned about the need to keep a schedule. However, it is possible to keep a detailed schedule under this arrangement, depending on what the family prefers.
Supervised visitation will be ordered when a judge feels that allowing one parent to spend time with their children unsupervised may trigger a safety issue. Usually, when a parent has substance abuse issues, a history of violence, mental illness, or a criminal record, a judge will order that visitation occur under the supervision of a family member, friend, or paid professional.
Sometimes, a court will order that a parent has no visitation rights with their children. If that has happened in your case, you can argue against the order in court. We encourage you to work with a skilled Irvine visitation lawyer who is prepared to help you assert your right to visitation.
Let Our Irvine Visitation Lawyer Help You With Your Case
Speak with an Irvine visitation lawyer who has experience handling visitation and other divorce-related issues. Contact our office today.