San Diego Child Visitation Lawyers
Seeking Visitation Rights in San Diego or Del Mar?
Child custody is a highly contentious aspect of divorce. The thought of not being able to see their child every day can be highly distressing to a parent who is already dealing with other difficult divorce issues. However, a well-drafted visitation schedule can help ease some of the pain a non-custodial parent may be facing.
If you would like legal guidance through a case involving visitation rights, we urge you to contact our San Diego child custody attorneys at Moore, Schulman & Moore, APC. Because we are backed by 200+ years of collective legal experience, we are equipped with the skills needed to fight for your rights. Schedule a consultation today and find out how we can help.
Understanding the Importance of Visitation Rights
Visitation rights are a crucial aspect of family law, especially for parents who wish to maintain a strong relationship with their children after separation or divorce. At Moore, Schulman & Moore, APC, we understand that navigating visitation arrangements can be challenging and emotional. Our dedicated team is here to provide you with the knowledge and support you need to ensure that your rights and your child's best interests are prioritized.
Here are some key reasons why understanding visitation rights is essential:
- Ensures Consistent Parenting: Establishing a clear visitation schedule helps maintain a stable environment for your child, promoting healthy relationships with both parents.
- Reduces Conflict: Clearly defined visitation rights can minimize misunderstandings and disputes between parents, making co-parenting smoother.
- Protects Your Rights: Knowing your visitation rights empowers you to advocate for your relationship with your child and ensures you are treated fairly in legal proceedings.
- Adapts to Changing Circumstances: Our attorneys can help you navigate modifications to visitation agreements as life circumstances change, ensuring that your arrangement remains relevant and fair.
ON THIS PAGE:
- Establishing Visitation Rights in California
- Related Resources
- Putting 200+ Years of Experience to Work for You
- Child Visitation FAQ:
- Can grandparents seek visitation rights?
- Can visitation rights be modified?
- How can a parent's relocation affect child visitation rights?
Call us at (858) 492-7968 to consult with a San Diego child visitation attorney about visitation rights.
Child Visitation Rights in San Diego: Legal Guidance
Our family law attorneys represent parents as they negotiate and establish visitation rights. In California, the Courts take the position that children have a right to continue a relationship with both parents, and that both parents have a right to spend time with their children and participate in their upbringing. This is the legal assumption in most cases, except those in which one parent is deemed to be a danger to their child. Ultimately, custody and visitation decisions are made based on the best interests of the child.
When deciding on visitation, the court may take the following into consideration:
- Each parent’s relationship with the child
- The living and financial situation of each parent
- The age and health of the child, as well as both parents
- Each parent’s willingness to support the other's relationship with the child
- Continuity (disrupting the child’s routine as little as possible)
- Any evidence of substance abuse or domestic violence
Related Resources
Contact San Diego's Trusted Visitation Lawyers Today
When parents are able to come to an agreement about visitation, the process can go smoothly. However, because many parents run into disagreements over exactly how much time should be allotted to the non-custodial parent, it often becomes necessary to involve an experienced child custody lawyer who can help create a parenting plan to submit to the courts for approval. Our firm represents both custodial and non-custodial parents in these matters.
Your children are your top priority, and decisions about their upbringing should never be taken lightly. If you are considering a divorce, turn to Moore, Schulman & Moore, APC for compassionate representation. Known as San Diego’s Family Law Experts®, we have helped many families resolve their family law issues favorably and have earned the trust of both our peers and our clients. We encourage you to contact us today to schedule an appointment with an attorney.
Call (858) 492-7968 today to get started. Our San Diego visitation attorneys are ready to assist you.
Child Visitation FAQ:
Can grandparents seek visitation rights?
Yes, in California, grandparents can seek visitation rights under certain circumstances. They must demonstrate that visitation is in the best interests of the child and that a preexisting relationship with the grandparent is beneficial to the child's well-being.
Can visitation rights be modified?
Yes, visitation rights can be modified if there is a significant change in circumstances that warrants a modification. This could include changes in the child's needs, parental availability, or relocation. However, any modification must still prioritize the child's best interests.
How can a parent's relocation affect child visitation rights?
A parent's relocation can significantly impact child visitation rights. California law recognizes that the child's relationship with both parents is important, so if a parent wishes to relocate with the child, they must obtain the other parent's consent or seek court approval. The court will consider various factors, such as the distance of the move and its impact on visitation arrangements, to determine if modification or adjustment to the visitation schedule is necessary.
What happens if one parent doesn’t follow the visitation schedule?
If a parent does not adhere to the agreed-upon visitation schedule, the other parent can file a motion for enforcement in family court. The court may impose penalties, modify the visitation arrangement, or even modify custody if one parent consistently fails to comply. It's essential to document any violations to present a strong case in court.
What is the difference between legal custody and physical custody in visitation cases?
Legal custody refers to the right of a parent to make important decisions about the child's life, such as decisions about education, healthcare, and religion. Physical custody refers to where the child lives and spends their time. In visitation cases, the non-custodial parent typically has visitation rights, which are based on the physical custody arrangement. The custodial parent is usually the one with whom the child resides most of the time, but visitation allows the non-custodial parent to spend time with the child.
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Award-Winning Family Law Experts
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Ten of our attorneys have earned the distinction of certified family law specialist.
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Skilled in litigation and mediation, we are prepared to handle any type of divorce.
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Our professionals have more than 200 years of combined family law experience.