Encino Visitation Rights Lawyers

Helping You Defend Your Parental Rights

The visitation arrangement you have with your co-parent determines how much time you spend with your child. For many parents, negotiating a visitation schedule is the most nerve-wracking part of navigating a child custody dispute. At Zahn Law Office, our experienced Encino visitation rights lawyers will work with you to pursue an optimal outcome in your case.

To schedule a consultation with experienced Encino visitation rights lawyers, contact us online or via phone at (805) 804-9100. 

Understanding Types of Custody in California

In California, there are two types of custody:

1. Physical custody determines whether a parent can house or visit their child;
2. Legal custody determines whether a parent can make decisions regarding their child's rights, such as what school they attend, the medical care they receive, etc.

Parents can have joint or sole custody. In a sole custody arrangement, only one parent has physical and legal custody of the child (the other parent may be allowed to visit their child, depending on the circumstances of the case). In a joint custody arrangement, both parents have legal and physical custody of the child, although one parent will typically house the child a majority of the time and is considered the "custodial" parent.

Many parents are unsure how custody labels affect day-to-day parenting time, decision-making, and travel. We take time to explain how physical and legal custody interact with your visitation schedule, including who has authority to enroll a child in activities, how medical decisions are made, and what happens if one parent wants to move farther away. By understanding the structure of custody from the outset, you can make more informed decisions as you negotiate or litigate your visitation arrangement.

Types of Visitation Arrangements in California

There are four different types of visitation arrangements in California:

1. Scheduled visitation. With a scheduled visitation arrangement, the parents lay out what days they are allowed to house or visit their child. This includes rules for dividing holidays and other events such as vacations and birthdays. Each parent must comply with the visitation schedule, or they could face legal penalties.
2. Reasonable visitation. With a reasonable visitation arrangement, the parents do not have a set schedule for when each parent houses or visits the child. Instead, they can exchange custody as they see fit. This type of schedule can work for parents with flexible schedules who get along well, enabling them to adjust their visitation arrangement to whatever's easiest for the parents and child. However, for parents who have more difficulty agreeing on terms for visitation, a scheduled visitation arrangement may be preferable.
3. Supervised visitation. With a supervised visitation arrangement, one parent can only see their child with another individual, typically an adult or professional from a childcare agency, present. 
4. No visitation. Sometimes, the court will decide that a parent is unfit to see or house their child. This can occur in cases where a parent is guilty of child abuse or showcases other behavior, such as abusing substances, that makes them an unfit parent. 

How Does the Court Determine Visitation Rights? 

If you and your co-parent agree on sharing custody, you can work together to draft a visitation agreement. Otherwise, the terms of your visitation may be up to the court. 

The court will consider a number of factors, including:

• The emotional, physical, and mental health of the child;
• The emotional, physical, and mental health of the parents;
• The relationship the parents share with the child;
• The quality of life each parent can provide the child with;
• Whether either parent has a history of behavior such as child or substance abuse;
• How a potential visitation arrangement could impact the child's social life or development;
• Any other factors the court considers relevant to the case.

The wide variety of factors that can impact visitation cases makes having an attorney who can defend your visitation rights vital. Our Encino visitation rights attorneys will fight for the best outcome for you and your child in your case.

Frequently Asked Questions

How is a visitation schedule changed if it no longer works?

A visitation schedule can often be adjusted by agreement between the parents, as long as the changes are written down clearly and consistently followed. If parents cannot agree, one of them can ask the court to modify the existing order by showing that circumstances have changed in a way that affects the child, such as a new work schedule or a move to a different part of Los Angeles. The court will review the new information and decide whether a different schedule is in the child’s best interests.

What happens if a parent does not follow the visitation order?

When a parent does not follow a visitation order, the other parent can document each missed or shortened visit and, if needed, request help from the court. The judge may remind both parents of their obligations, clarify confusing language in the order, or in some situations adjust the schedule or impose other consequences. Courts generally encourage parents to follow existing orders while any request for enforcement or change is being reviewed.

Can a child decide which parent to visit in California?

Children in California do not make the final decision about visitation, but older children may be allowed to share their preferences with the court in an appropriate way. The judge considers the child’s age, maturity, and reasons for preferring one schedule over another. Those preferences are weighed together with all of the other best-interest factors rather than controlling the outcome by themselves.

To schedule a consultation with our Encino visitation rights lawyers, contact us online or via phone at (805) 804-9100.