Emigrant Gap Child Visitation
In divorce cases involving couples with children, determining the arrangements for the children to maintain a relationship with both parents often requires substantial time and attention. Regardless of the children’s age and specific needs, it is crucial to allow them sufficient time to bond with each parent and receive guidance throughout their upbringing. Failing to establish a visitation arrangement can harm a child’s overall well-being.
Fortunately, the courts will ensure the child’s well-being will be considered as they sort out a parenting plan that will ensure they continue to have contact with both their parents. In California, parents can even fight for a specific type of child visitation arrangement if they believe it would be better for their child’s best interest.
Bartholomew & Wasznicky LLP’s experienced team of Emigrant Gap child visitation lawyers is always ready to assist with any problems you may have regarding child visitation arrangements. We will take our time to learn about your situation and provide the right legal assistance to guide you through the proceedings. You can even trust us to handle your case carefully so that your child’s well-being and interests are protected and met.
Seeking assistance with child visitation in Emigrant Gap? Contact Bartholomew & Wasznicky LLP today. Our dedicated attorneys understand the importance of maintaining a meaningful relationship with your child. Schedule a consultation at (916) 260-2637 to discuss your case and secure your visitation rights. Let us fight for your parental rights and help create a positive future for you and your child.
Types of Child Visitation
The visitation arrangement for a child with divorced parents is listed under the parenting plan created during the divorce proceedings. This plan is signed by both parents and approved by the court, focusing on the child’s best interests. If parents cannot agree on certain issues, the court may request a mediator or a qualified child custody evaluator to mediate.
When deciding the visitation agreement, the parents and the court will consider the following types to see which one fits their child’s needs best:
Reasonable or Open Visitation
A reasonable or open visitation offers a flexible visitation arrangement for parents who are willing to cooperate and compromise for their children. The non-custodial parent will be able to set the time when they will spend time with their child without any supervision or specific schedule.
Scheduled visitation has a set schedule as to when each parent can be with their child, especially for holidays and special occasions. This type of visitation is often recommended as this gives the child a predictable schedule and reduces the arguments between the parents.
A supervised visit means that another person, usually assigned by the court as a neutral party, will be in the visits to make sure that the child’s well-being is protected from any threat. A court may also order supervised visits if the child needs more time to get to know their non-custodial parent better, which is often the case for parental incarceration or child abandonment cases.
Unsupervised visits enable the non-custodial parent to have unsupervised and unrestricted access to their child during their visits. While this will not entail allowing the non-custodial parent to have custody of the child overnight, it does enable the parent and the child to bond without worrying about another person being in the room. Unsupervised visits can be changed to supervised visits at any time if the child’s well-being is compromised.
This type of visitation is a new arrangement that became popular due to the COVID-19 pandemic. As the name suggests, the non-custodial parent can “visit” their child virtually through video chat or phone calls at a set time. Nowadays, it is the visitation of choice if the parent or child cannot meet in person for a given reason.
Should the court see that visitation may put the child at risk, they can order no visitation arrangements at all. This is usually ordered for cases where the non-custodial parent is guilty or has a history of severe child abuse and other criminal records.
For domestic violence cases, judges are required under the law to enable visitation rights to parents as long as it is in the child’s best interests. If a protective order is issued, the court may permit visitation but with conditions. If the visit only causes problems for the child, the visitation will be suspended or denied altogether.
Want to know which child visitation setup works best for your child? Bartholomew & Wasznicky LLP can sit down with you to explain the pros and cons of each type of visitation, and once you select the type of visitation plan that you believe works best, we will do our best to fight for it in court.
Child Visitation Modifications
After a child visitation arrangement is established, it is possible that the arrangement will not be the same throughout the child’s life or the tenure of the agreement. Their circumstances, such as the parents’ work situation, the child’s needs, and others, may change. Because of this, it is crucial to get the visitation order revised and match the current situation of all parties. Fortunately, getting a new visitation plan is easy as it can be petitioned before the court that ordered the original visitation plan.
Our Emigrant Gap, CA family law firm can definitely assist you in filing your request to modify the visitation agreement to suit your current situation. If the other parent argues against it, we can present the evidence to show your changed circumstance and fight for an agreement that suits your situation while still considering your child’s best interests.
Child Visitation Enforcement
When a visitation arrangement is made between the parents, there is no guarantee that both parents will follow the arrangement once the hearing is done. One parent may disregard the schedule and push their own agenda toward the other parent and their child. The other parent may also restrict the visiting parent from seeing the child without reason. In emergencies, one parent may even become aggressive and threaten the other parent and the child.
For these scenarios, the affected parent can reach out to law enforcement agencies who can assist in enforcing the order. The parent may also file for contempt in court, which the court will immediately respond to and order the non-complying parent to recognize the order or face penalties that correspond to their actions. It may also cause a shift to the existing parenting plan, which can include the custody arrangements for the child.
If you plan to seek legal action against the other parent for violating the visitation order, don’t hesitate to contact one of our Emigrant Gap child visitation lawyers at Bartholomew & Wasznicky LLP at any time. We will assist you in collecting the evidence that shows the violation committed by the other party and what you did during those times, as well as be your legal representative as we make sure the order is executed.
Talk To Our Legal Experts Today
As parents, you must take into consideration your child’s needs, especially their need to have both parents in their life, even if you get a divorce. Having both parents in their life, even through a visitation agreement, can reassure them that they still have the opportunity to bond with both parents and get the support they need as they grow up.
With our Emigrant Gap child visitation lawyers as your legal partner in these proceedings, we will do our best to fight for a child visitation agreement that not only gives your child these reassurances but also reduces the stress on both you and your ex-spouse. Our team will also be by your side in every way so you can make the best legal decision for your child as the case progresses.
Secure your child visitation rights in Emigrant Gap. Contact Bartholomew & Wasznicky LLP for a consultation. Our experienced attorneys will fight for your parental rights and ensure a meaningful relationship with your child. Call (916) 260-2637 now to schedule an appointment and take the first step towards securing your visitation rights.