Considering both the needs of the parents and the needs of the children

Visitation Orders in California

Guidance from Our Newport Beach Family Law Attorneys

A workable visitation order will consider both the needs of the parents and the needs of the children, as well as how that ties into preexisting child custody  agreements. For many divorcing couples, finding the magic middle ground is much easier said than done. At Holstrom, Block & Parke, a Professional Law Corporation, our Newport Beach visitation lawyers encourage amicable solutions that work for everyone, minimize the chance of confrontation, and maximize your family’s benefit. To get more than 300 years of collective legal experience and certified family law specialists behind your visitation order.

Fair Treatment for the Noncustodial Parent

If a divorce concludes with you not winning custody of your child, this is not the same as losing your legal parentage of your child. You still maintain the right to visitation until a court decides to remove that right as well, which is not a usual circumstance.

As it is stated in California Family Code Sections 3100 – 3105:

  • “The court shall grant reasonable visitation rights to a parent unless it is shown that the visitation would be detrimental to the best interest of the child.”

Visitation orders can be quite simple or complex, depending on the needs of the family. You will want to consider both spouse’s work schedules, the schooling schedule of your child, travel time necessary to complete visitation, holidays, and so forth. While you will want to team with an attorney to ensure your visitation order is right for you and your child, if situations significantly change in the future, you can petition for a modification that works for your new circumstances.

Your visitation judgement should determine:

  • What days you are permitted to visit your child.
  • How long each visitation can last.
  • What activities can be enjoyed during your visitations.
  • Whether or not third-party supervision will be required.

It should be noted that a visitation order may not include language that requires child support to be paid in full in order for the scheduled visit to be respected and upheld. If you fall behind on child support payments for whatever reason, you do not lose your right to visitation as an immediate consequence.

Protect & Uphold Your Visitation Rights

You deserve to have frequent visits with your children after going through a divorce, even if you did not win child custody. Our Newport Beach child custody lawyers encourage the use of mediation to find a solution that does not require the direct attention of the court. If successful, this process can save you time, money, and energy while still bringing you to an equitable solution. If this is not an option due to the resistance of your ex-spouse, our team is ready and willing to go all the way to court and fight for you.