What do you need to know about visitation rights or “parenting time” as a parent in a North County or Carlsbad Divorce? Even if a parent in California is denied child custody, they generally receive visitation rights. Ideally, both parents will play a role in their child’s life regardless of who has formal custody. In many cases, a judge could determine that a parent shouldn’t have custody for many reasons. It doesn’t mean that parent is unfit to raise the child.
For example, parents may live too far away from each other or one parent may have been established as the primary caregiver. Those who are allowed visitation will generally be given a schedule that details when they can see their children. For example, noncustodial parents will see their sons or daughters on specific days of the week or every other weekend. These orders also usually address several important issues such as birthdays, school vacations and the alternation of holidays. The child’s parents are also given leeway to create their own schedule if they can work together.
It is important to point out that noncustodial parents should make an effort to spend time with their kids. Failing to do so could lead to the loss of their visitation rights altogether. Those rights could also be denied if an individual has a history of substance abuse, criminal activity, domestic violence or physical / emotional abuse of the child or other parent. If a parent overcomes those issues, visitation rights could be partially or fully restored.
What you need to know about visitation rights is also true in any child custody case: the best interests of the child will always be placed before a parent’s wishes. Typically, parents can improve their odds of getting custody or visitation by working together. The Certified Family Law Specialists at Burke & Domercq will work with you to develop a strategy to obtain physical or legal custody of a child. In some cases, it may be possible to obtain both. We invite you to contact us or call 760-389-3927 to learn more or schedule an appointment to discuss your unique circumstances.