Family Law Attorney in San Bernardino Handles Custody and Visitation Disputes

California Board-certified specialist provides sound counsel

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 certified family law attorney offers capable and determined counsel for custodial and noncustodial parents in visitation disputes. Richard A. Granowitz, a certified specialist in family law by the State Bar of California Board of Legal Specialization pursues resolutions that protect your rights and serve the best interests of your children.

San Bernardino attorney asserts parents’ visitation rights

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:

• Visitation according to a schedule — To eliminate confusion and controversy, the parties develop a detailed parenting plan that schedules dates and times when children will be with each parent. This includes special occasions, such as the child’s birthday, holidays and vacations. This type of order is best for parents who have regular routines that allow for advance planning, and for parents who need greater structure to avoid conflict.
• Reasonable visitation — An order for reasonable visitation sets broad parameters and allows the parents to fill in the details as appropriate. This type of order works best for parents whose work schedules might be unpredictable and who can cooperate to make adjustments with limited notice.

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.

Restricting visitation by an abusive parent

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:

• Supervised visitation — A judge might require that another adult, often a childcare professional, be present during visits. Supervised visits are also appropriate when the child does not yet have a relationship with the parent.
• No visitation — Courts can prohibit visitation if contact with the parent would be physically or emotionally harmful to the child.

The court may place conditions on the parent, which, if met, would allow the court to lift restrictions.

Factors in California visitation rulings

When deciding visitation matters, the court considers numerous factors, most notably:

• The age and health of the child
• The emotional ties between the parent and the child
• The child’s preference, if sufficiently mature
• The benefit to the child of contact with the parent
• Any history of family violence or substance abuse

In any family law dispute, decisions are made based on the best interests of the child.

Modifications of California visitation orders

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.

Trust your visitation matter to a certified specialist in San Bernardino

Granowitz White & Weber advises 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.