Bagner law has earned the reputation of being the East Bay Area’s leading family law practice by helping separated families navigate complex topics such as child visitation rights. It’s a common concern for families going through a divorce, legal separation, or a significant change that affects parenting time.
Understanding your visitation rights, and the legal complexities involved gives you and your coparent the best chances of negotiating an amicable parenting time agreement.
What Is Child Visitation?
Child visitation typically refers to the amount of physical parenting time each parent receives with their child. In some situations, both parents are able to negotiate a joint parenting time agreement.
However, disputes are common, and sometimes there are other legal ramifications or safety concerns impacting parenting time. It’s also possible for the child’s parenting time needs to change as they grow older, requiring a modification to the original custody agreement.
What’s the Difference Between a Custodial and Non-Custodial Parent?
In legal terms, the custodial parent is the parent who has the higher percentage of physical custody in a given year. The non-custodial parent has less than 50% physical custody in the year yet is still entitled to some degree of visitation rights.
If the family is separated by divorce or legal separation, and both parents don’t have joint legal custody, the parent with primary legal power is considered the custodial parent. This can be a major factor if the courts need to weigh in on a change of visitation rights should one parent move out of state or there are substantial changes in their living situation.
What Is Supervised Visitation?
Supervised visitation is used in a situation where one parent could potentially endanger the emotional, physical health or well-being of the child. It’s usually called for in cases where there are legitimate safety concerns around parental substance abuse, violence, or existing abuse allegations.
Oftentimes the child visitation is supervised by the other parent, or an entity approved by the court. In some cases, supervised visitation is put in place until other legal proceedings can resolve any outstanding allegations.
What Factors Determine Visitation Rights
In the state of California, the courts determine visitation rights and parenting time based on several factors. This includes the age and health of the child as well as their emotional ties to each parent. The court will also consider the child's ties to their school, home, and community.
Where applicable, the court will also assess the ability of each parent to care for the child. If one parent lacks sufficient means to provide the child with care, the other parent might be given full custodial rights.
Can Parenting Time Be Modified Later
The courts will consider modifying visitation rights or a parenting time schedule if there has been a substantial change in one parent’s circumstances. This can include one of the parents moving prohibitively far away, taking a job that interferes with their parenting time, or serious health conditions.
In a case like this, the custodial or non-custodial parent can petition the court to ask for a modification to the parenting time schedule. For the courts to consider this modification there needs to be significant supporting evidence.
The complexities and process for modifying child visitation rights and parenting time arrangements can be cumbersome. That’s why so many parents in the East Bay Area turn to Bagner Law to handle all their family law needs.
