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How child visitation works – part 2

by Dinnebier & Demmerle on November 7, 2014

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In a previous post, we examined the basics relating to California law and establishing child visitation plans subsequent to a divorce between parents with children.

These are the four most-often utilized types of visitation plans:

  1. Scheduled visitation. A plan is made including specific dates and times the children will spend with each parent, including special events like holidays, birthdays, vacations, etc.
  2. Reasonable visitation. This is a less-regimented plan type that allows the two parents to work out visitation arrangements. Of course, this type of plan would only be set up for parents with excellent communication history between them despite the divorce.
  3. No visitation. If the court determines that visitation of any kind (even supervised) may be in any way harmful to the children, the result can be a ruling of no visitation at all.
  4. Supervised visitation. In this type of arrangement, each visit between parent and child must also include a court-appointed third party.

Supervised visitation is usually determined at the discretion of the court.  The reasons most often cited for a court determination of the necessity of supervised visitation are:

  • If  there is any history or allegations of domestic violence, child abuse or neglect
  • If a parent intends to address specific contentious issues with their child during visitation
  • If there was no previous relationship between parent and child, or if there is an attempt to resume a relationship after parental absence
  • If there is any potential threat of child abduction by a parent
  • If the parent has history of mental illness or substance abuse

In supervised visitation situations, the court also has the power to determine not only who will function as the supervisor, but also the time, duration, and location of visits.

Child visitation, as well as child support and child custody issues, is a complex area of family law. Please keep in mind also that this blog is intended not as legal advice, but only for information and/or discussion purposes. Should you find yourself, or someone you know, facing a child visitation issue and/or divorce, your wisest next move might be to seek counsel from a knowledgeable family law attorney.

As Orange County’s premier family law specialists, the attorneys at Dinnebier & Demmerle can provide answers to your questions and concerns, clarify and establish your legal rights, and represent you in court. If you would like more information about establishing or modifying child visitation plans, or any other aspect of California family law, please call to set up a consultation. We’re ready to move forward when you are. Just contact us in Tustin at 714-838-1099.

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