Child Custody and Visitation Lawyer- Law Office of Stephen Gassner

Child Custody and Visitation Lawyer Upland CA

In California, visitation is addressed during the child custody case. Divorces may have an emotional impact on children; consequently, California law tends to urge both parents to spend time with the kid and keep a connection with the child, although living apart. In California, custody, and visitation rights are generally focused on the best interests of the kid. Child Custody and Visitation Lawyer Upland CA

Providing your kid with a secure, stable, and loving environment is essential for their health. When you and your spouse divorce, you must determine the custody and visitation arrangements that best meet your child’s requirements. By contacting the Law Office of Stephen Gassner, APC, in Upland, California, you can talk with a child custody and visitation lawyer who will complete all the required paperwork on your behalf. In addition, we can assist you if you wish to fight for child custody or visitation. Contact us immediately to learn more about your choices.

Call Us: (909) 937-7000

What Is Visitation?

Visitation is granted to the parent who has less time with the children. Visitation arrangements that are specific assist parents and children in avoiding misunderstanding and conflict.

Visitation Rights in California

Parents who appear in court over child custody and parenting time (commonly known as “visitation”) must make parenting arrangements for their children. Separating parents need the plan to determine how their children will be cared for and where they will reside or spend time. Sometimes parents can agree on a parenting plan, and other times they require the court’s assistance to create a plan that is in their children’s best interests.

In California, visitation is addressed during the child custody case. Divorces may have an emotional impact on children; consequently, California law tends to urge both parents to spend time with the kid and keep a connection with the child, although living apart. In California, custody, and visitation rights are generally focused on the best interests of the kid.
Child Custody and Visitation Lawyer Upland CA

Types of Visitation Orders

When a kid resides primarily with one parent, the other parent is said to have visitation. Occasionally, a court may grant shared legal custody to both parents but not joint physical custody. This implies that both parents have the right to make crucial choices affecting the kid’s health, welfare, and education, but the child resides primarily with one parent. A judge may issue three sorts of visiting orders:

Visitation

When a court grants exclusive physical custody to one parent, a visitation schedule is frequently included to ensure that the non-custodial parent and child spend ample time together. For example, a shared calendar may include alternating weekend overnight visits, separating holidays and school vacations, and prolonged summer visits.

Additionally, visitation schedules often include pick-up and drop-off places and times and an allotment of parental transportation responsibilities. The court will allow a visitation plan that works for both parents and the child as long as it has the child’s best interest in mind.

Supervised Visitation

Sometimes the court may mandate that the child be accompanied by a supervising adult or professional agency while visiting the parent who has visitation. This may be necessary for the child’s safety and well-being. For example, if the child and parent have not seen each other in a very long time, time to get acquainted and be comfortable may be needed under supervised visitation.

The court may only provide supervised parenting time if the non-custodial parent has precedence of absence or abuse. The court will appoint a visiting supervisor to the family and may also order the parent to see the child at a court-approved site instead of the parent’s house. Depending on the circumstances, the court may grant supervised visitation with or without further limitations. For instance, if a judge gives supervised contact to a parent with a history of substance misuse, the court may compel the parent to attend outpatient treatment or meetings before deciding whether to allow unsupervised access. In difficult situations, the court may determine that it is in the child’s best interest to have no contact with the abusive parent.
Child Custody and Visitation Lawyer Upland CA

No Visitation

The court will order no visitation if physical or emotional damage results from the child’s contact with the parent. This applies in cases of domestic violence and child abuse. The court is always concerned with the child’s best interests. If this implies that the kid will not have visitation with one of their parents, the court will preserve the child’s safety by prohibiting visitation.

Virtual Visitation

Modern technological advancements allow for inventive visiting arrangements between parents. Virtual visitation is a technique that enables parents and children to communicate through webcam, videophone, or computer software. Virtual visitation is a valuable option for parents and children who are no longer close or whose work or school schedules make traditional visitation challenging.

Problems and legal concerns with this sort of visitation have yet to become completely apparent, but this is one of the instruments available to build family relationships when a parent is not physically present.he court will order no visitation if physical or emotional damage results from the child’s contact with the parent. This applies in cases of domestic violence and child abuse. The court is always concerned with the child’s best interests. If this implies that the kid will not have visitation with one of their parents, the court will preserve the child’s safety by prohibiting visitation.

Involvement of the Court in Custody and Visitation

California law mandates that court authorities consider your children’s “best interest when determining custody.” The laws of California have evolved significantly during the last several years. Even if your children are small, courts no longer automatically grant custody to the mother instead of the father. In addition, the courts cannot deny a parent the right to visitation or custody of their child because either the parent or the child suffers from the following:

  • a physical disability
  • adheres to a different or minority way of life
  • has a different or minority religious belief or sexual orientation.
In most circumstances, parents may create custody and visitation arrangements or parenting time. However, suppose you and your partner are litigating a family law matter and have reached an agreement about child custody. In that case, the Family Court Services department can assist you in negotiating and drafting a parenting agreement. The judicial officer will evaluate your contract. In addition, family Court Services provides free mediation services to parents who want to address child custody or visitation problems without requesting a court hearing. This is called “informal mediation,” and an appointment may be made by contacting Family Court Services. If you and the other parent cannot agree, a judge will refer you to mediation, where a mediator will assist you. If you cannot agree, you and the other parent must attend a court hearing.
Child Custody and Visitation Lawyer Upland CA
Remember that the ideal strategy benefits your children. Change is difficult for youngsters. But, according to research, if both parents are involved in their children’s lives and do not argue about custody and visitation arrangements, they will generally fare considerably better. The Family Court Services has created a helpful Parenting Plan Guideline.

Grandparent Visitation

More than 40 years ago, grandparents and non-parents did not have visiting privileges. Until recently, visitation rights were exclusively extended to a child’s parents. Today, however, every state has enacted legislation governing the visiting rights of grandparents and other non-parents, including foster parents, carers, and stepparents. Grandparents and other non-parents have the legal right to see a child under these visitation regulations.

State Powers on Grandparent Visitation

Each state has enacted legislative criteria for providing grandparents visiting privileges. Giving grandparents visiting privileges allows them to keep in touch with their grandchildren. There are two distinct kinds of visiting statutes: restricted and permissive. Grandparents may only seek visiting rights under restrictive visitation regulations if the parents are divorced or if one or both parents have died.

However, the majority of governments have more flexibility when allowing visits. These liberal visitation regulations let a grandparent or other third party seek visitation even if both biological parents are still alive and married. In this circumstance, the court will evaluate whether the proposed visitation arrangement is in the child’s best interest.

Before Seeking Court-Ordered Visitation

Occasionally, a disagreement over grandparent visiting rights may be addressed without judicial intervention. Mediation is often a successful alternative to litigation for resolving problems. In mediation, a neutral third party will assist the parties in communicating and arriving at a mutually beneficial, legally binding agreement. Ideally, parties will achieve an accord with less antagonism and lower legal expenses.

Frequently Asked Questions

  • What is Standard Visitation in California?

    Standard visitation in California usually means that your child will spend seven days with one parent, then seven days with the other on alternate weeks. For example, the 3-4-4-3 schedule stipulates that your kid spends three days with one parent, followed by four days with the other. The next week, the youngster will spend four days with one parent, followed by three days with the other.

  • Can Mother Stop Father Seeing Child in California?

    In contravention of a court order, a parent cannot legally prevent the kid from visiting the other parent. Court rulings are not recommendations; they are directives to parents.

  • How Can a Father Lose Visitation Rights in California?

    A parent’s parental rights may be removed if they are deemed incapable of caring for their kid. This may result from mental disease, substance abuse, alcoholism, or severe physical impairment.

Giving you Compassionate Representation

Contact an expert family law attorney in your region if you are a parent with child custody and visitation Lawyer-related inquiries. Call the Stephen Gassner Law Firm for an appointment. Our deep knowledge of the legal system and our years of experience and expertise will give you more certainty that you are doing all possible to defend your parental rights.

Learn More About: Contempt Proceedings – Law Office of Stephen Gassner

Contempt Proceedings

 

Looking for a Family Law Attorney in California, USA? Look no further the Law Office of Stephen Gassner can help  you with different family law issues, including divorce, property division, paternity, child custody and support, spousal support, visitation rights, and property division including the complex division of business property. We serve in the following areas of California, USA.

Family Law in Chino Hills, CA
Family Law Claremont, CA
Family Law in Eastvale, CA
Family Law in Fontana, CA
Family Law in Ontario, CA
Family Law in Rancho Cucamonga, CA
Family Law in Upland, CA

 

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Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000