Child Visitation

Child Visitation must be granted to the non-custodial parent unless it can be show that such visitation would be detrimental to the child. Visitation is a critical element in any legal separation or divorce agreement. Regular contact with both parents is recognized as a positive factor and a stabilizing force in the life of a child following a separation or divorce.

Child Visitation Orders

The paramount consideration of the court is that child visitation orders serve the health, safety and welfare of the child; frequent and continuing contact with both parents being an integral part of that welfare. The court will consider the age and maturity of the children, the distance of a non-custodial parent from a child's primary residence, and in some cases the child's preferences. It may also determine that grandparents and stepparents as well as partners in domestic partnerships, in some cases, are entitled to request visitation rights.

The custodial parent is expected to accommodate child visitation. Failure to do so may result in sanctions and possible contempt charges by the court. In the case of a teenagers refusal to allow visitation there is little remedy available to the other parent in such a case.

There are circumstances that are precluded from consideration in a child visitation order. It cannot be conditioned on payment of child support, absence from a family home, or because of lifestyle issues such as sexual preference or religious beliefs. However, the court may place conditions on visitation if the judge feels the child may be in any danger. This can include a restriction on visitation for a parent considered a possible threat to the child. Disputes regarding visitation rights can become extremely complicated and emotionally draining. Make sure you understand what's at stake and protect the future of your family today, contact Elizabeth F. Courtney.

Elizabeth F. Courtney
909.946.7270
489-A N. Central
Upland CA 91786
Master Card, Visa and Discover accepted