What Are Some Common Children Visitation Orders Types In California?

This blog will assists parents in recognizing particular types of visitation orders utilized in a California family law court. Parents do not need to hire a child custody lawyer in order to file a custody order in the family courts, if the parent(s) feel comfortable with the legal process.

A Visitation schedule is the plan for how the parents will divide time with their child.  The parent whom has the child less than half of the time is known to have visitation. The visitation orders are wide-ranging, resting on the best interests of the child, the state of affairs of the parents, and other influences.

  • Visitation agreement plan: Normally, it aids the parents and child to have a specified visitation schedule to avoid disagreements and misunderstandings, therefore, parents and family law courts frequently create a visitation schedule specifying the dates and times the child will be with each parent.
  • Reasonable visitation: A reasonable visitation order does not essentially have particulars as to when the child will visit with their parent. Typically, these orders are flexible. This visitation plan can work if parents get along and can be accommodating.
  • Supervised visitation: This type of visitation is utilized when children’s safety necessitate that visits be supervised by an adult. Supervised visitation is sometimes also used to introduce the child and parent in cases where the parent and child need to establish a bond.
  • No visitation:  Used when no visitation is in the best interest of the child because it would be harmful to the child.

How Child Custody and Visitation is determined in California

California law states that family law judges must give custody according to what is in the “best interest of the child.”

California has determined that the following factors should be taken into account when figuring out what is best for the child:

  • Child’s age (infant to 18 is the norm, but age can exceed 18 under special circumstances),
  • Child’s health (e.g. special needs),
  • Child’s emotional ties with the parent(s),
  • Child’s care,
  • Child’s history pertaining domestic violence or other types of abuse;

Child’s bonds to school, home, and community (judges do not like to disrupt a child’s existing state of affairs).

What are some ways to obtain child custody and visitation orders in California?

Normally, parents make their own arrangements for custody and visitation, without involving the family law courts. However such agreements cannot be enforced without a court order; therefore, they are not binding and enforceable, until a judge signs the agreement and makes it a court order after it is filed.

The family law judge also may appoint lawyers for children in high conflict custody cases. These family law attorneys are usually known as minor’s counsel. Minor’s counsel represents the child not the parents. Minor’s counsel recommendations carry a lot of weight; especially when the judge is the one that observed that the children were in need of representation because the parents inability to come to an agreement with custody issues.

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About the Author

Fairfield County, Connecticut Attorney David Volman provided personalized legal representation for Family law, personal injury, bankruptcy, criminal cases, real estate & business law.