Different Types Of Child Visitation Rights Granted In California
When a couple is going through a divorce there are a lot of issues to sort out. You may be dealing with complicated issues concerning division of property, spousal support, the separation of finances…the list goes on and on. But frequently the most important issue fought over by parents in a divorce is time with their kids. In a divorce, time with your children can mean determining issues regarding custody as well as visitation. This article aims to talk a bit about the different types of visitation orders, and the general concepts behind them.
Types of Visitation
After a divorce parents will typically share/split time with their child/children. The schedule or orders for how that time plays out is referred to as custody and “visitation.” There are different types of custody, but those nuances will not be discussed in this article. This article aims to discuss the different types of visitation orders that you may encounter during/after your divorce or separation action. There are many types of visitation, including:
- Scheduled visitation: Consistency in a child’s life is key. Detailed visitation schedules and agreements that set forth when a parent will interact with their children and for how long can lend a major help in getting children adjusted to this new life change. Visitation schedules can be as detailed as the parents involved in crafting them would like. In fact, the more detailed the schedules are, typically the better. When crafting your agreement, it is a good idea to clearly detail and define what certain terms mean. For instance, if the visitation agreement states that the non-custodial parent is to have the child on Christmas morning – does this mean that the child is dropped off the night before? Does it mean that as long as the child is at the non-custodial parents’ home before noon, everything is fine? By fully understanding the agreement and having clear terms defined you will make the road smoother for everyone involved down the road. Common times addressed in visitation schedules include weekends, holidays, school breaks, and special vacations.
- Reasonable visitation: A reasonable visitation order is a very open-ended agreement between parents that does not necessarily detail out specifics of when children will visit either parent. The open-endedness of these agreements allows for a great amount of flexibility. While these orders have their place, it is advisable to be aware that these agreements require both parents to communicate very well with one another. If you are not getting along with your spouse or if you foresee future disagreements on where your child should spend their time/when then you may want to pursue another arrangement
- Supervised Visitation: This comes into play when a Child’s safety and/or well-being requires that visitation with one (or both) of their parents be supervised by a third party. This can be a valuable resource when, for example, a child has not spent very much time with a parent who is not pursuing greater rights/visitation.
- No Visitation: It is possible that the court finds that spending time with a parent could be physically or emotionally damaging to the children involved. In such cases, a Judge may deny visitation rights to the parent at issue.
Contact Cardwell, Steigerwald Young
When so much is uncertain, parents grow even more concerned with the wellbeing of their children. The experienced San Francisco child custody lawyers at Cardwell, Steigerwald Young know how to guide our clients through the rough seas that often come with dissolving a marriage involving minor children. Contact our office today to speak with a dedicated attorney about your situation.
Sources:
selfhelp.courts.ca.gov/guide-supervised-visitation
selfhelp.courts.ca.gov/grandparent-visitation#:~:text=In%20some%20cases%2C%20the%20grandparents%20can%20ask%20a,The%20grandchild%20has%20been%20adopted%20by%20a%20stepparent
