Parents have a right to spend time with their children and to maintain a loving relationship with them. However, parents who’ve been separated from their kids due to a divorce or the end of a non-marital relationship might need legal support to formalize these rights. If a parent is not granted primary residential custody, California law provides for frequent, meaningful visitation. At Granowitz White & Weber in San Bernardino, our family law attorneys offer capable and determined counsel for custodial and noncustodial parents in visitation disputes. Led by Richard A. Granowitz, who is certified in family law by the State Bar of California Board of Legal Specialization, our team pursues resolutions that protect your rights and serve the best interests of your children.
For visitation rights to be enforceable, parents must get an order from the court. Generally, a court will grant a noncustodial parent visitation under two types of orders:
To obtain an order from the court, parents can negotiate an agreement and present it to the court for approval. This often happens during an uncontested divorce. If the parents cannot reach agreement, the court might order mediation and, if necessary, schedule a hearing to decide the matter.
Visitation disputes become complicated when a custodial parent claims that contact with the other parent might harm the child. Problems with substance abuse, anger management or parental fitness could put children at risk during unrestricted visits. In such cases, the court can order:
The court may place conditions on the parent, which, if met, would allow the court to lift restrictions.
When deciding visitation matters, the court considers numerous factors, most notably:
In any family law dispute, decisions are made based on the best interests of the child.
Courts usually prefer not to micro-manage visitation orders, but will consider a modification if there is a substantial change in circumstances. Noncustodial parents often want longer visits, overnights or the right to take the child to another location. Courts can also modify an order if the custodial parent interferes with the other parent’s visits.
The family law attorneys at Granowitz White & Weber advise San Bernardino County parents on visitation issues during and after divorces. To schedule a consultation, call us at 909-890-1717 or contact us online. Our San Bernardino office is conveniently located at 650 East Hospitality Lane, just off I-10.