Murrieta Child Visitation Attorney
A time-share, or visitation order, is the plan that determines how children spend time with each of their parents if joint physical custody is not an option for the family. Although one of the parents might be awarded primary physical custody and have the children more than half the time, the other parent still has the right to spend some time with their children. These agreements should always be made in the best interests of the children. However, this may be difficult if there are hurt feelings or other issues preventing an easy solution.
Child Visitation Attorney
Choosing a dedicated lawyer in Murrieta, CA can make all the difference in your visitation case. It is important to find an attorney with a vast amount of experience in family law because they can provide insight and information that will be unknown to you.
The Law Offices of Schwartz & Godbey are skilled in handling all kinds of child visitation cases. We always aim to settle family law situations in the best interests of the children through mediation. However, we can fight aggressively in the courtroom if necessary. With over 30 years of experience in family law, our office has thorough knowledge of the court system and is familiar with other attorneys, judges, and courthouse staff. We possess a dogged determination to reach the most favorable outcome for the children involved and can work tirelessly to reach that outcome.
Child Custody Orders
The court can issue two forms of custody orders: legal custody and physical custody.
- Legal custody: This designates which parent or guardian makes important decisions like healthcare, school, religious activities, travel, or extracurricular activities. Legal custody can be jointly shared between the two parents, or it can be held solely by one parent. If jointly shared, both parents have the right to make these decisions without agreeing with the other parent. However, it is best to communicate with the other parent to avoid revisiting legal custody in court.
- Physical custody: This determines which parent or guardian the child lives with. It can be split between the two parents jointly, or it can be awarded to a single parent. If physical custody is jointly held between the two parents, the child does not have to spend exactly half the time with each parent because it is difficult to do so evenly. If one parent is given sole custody, the other parent is usually awarded visitation with the child.
Types of Visitation Orders
Visitation becomes a factor when one parent is given sole physical custody. To protect the rights of the other parent to see their child, they will be given visitation. This plan will determine how the child’s time will be shared between the parents. Visitation is determined by a number of factors, including the best interests of the child and the situations of the parents. There are four kinds of visitation orders:
- Visitation according to a schedule: Detailed visitation plans are often beneficial for parents as they help to prevent confusion and conflicts. For this reason, courts and parents will frequently create a visitation schedule that details the times and dates that the child will be with each parent. They can include special occasions (Mother’s Day, Father’s Day, birthdays, etc.), holidays, and vacations in addition to a regular schedule.
- Reasonable visitation: A reasonable visitation order will not determine specific details for when the child will stay with each parent. Instead, these agreements are open-ended and allow parents to work out the details between themselves. This type of agreement may be best for parents who can work well together and will be flexible and communicative with each other. If this type of open schedule causes issues to develop between parents, the child may suffer as a result.
- Supervised visitation: If the child’s safety or well-being is ever called into question, supervised visitation can be implemented. In these circumstances, time spent with the other parent will be supervised by the primary parent, another adult, or a professional agency. These types of visits may also be implemented when the child and parent need to get more familiar with each other, such as when a parent has not seen the child in a long time.
- No visitation: In cases where a child would be physically or emotionally harmed by visiting with a parent, even with supervision, a no visitation order is put into place. It is not in the best interests of the child to have any contact with the parent.
Factors That Determine Murrieta Visitation
In many cases, the parents will be able to work together to create their own agreements for custody and visitation without requiring a court order. If the parents cannot agree on an arrangement, or one parent does not follow the agreement, the courts can step in to create a legally binding custody order. Many factors will go into the determination of a custody order:
- The child’s age
- The child’s health
- Emotional ties between each parent and the child
- The capability of each parent to care for the child
- Any ties to home, school, and community
- Potential for or documented history of substance abuse or family violence
The court will not automatically give custody and visitation to the mother or father, regardless of the child’s age or gender. The court will also not penalize either parent if they were never married to each other. The right to visitation cannot be denied based on physical disability, lifestyle type, religious beliefs, or sexual orientation.
Speak With Trusted Visitation Attorneys in Murrieta
Because your child’s welfare is your top priority, it can be stressful to choose an attorney to work with for your visitation case. Fortunately, the Law Offices of Schwartz & Godbey can assist you through this difficult process. Our dedication to our clients and community makes us an easy choice to protect the interests of your children. Our staff is uniquely prepared to handle family, criminal, and juvenile cases, ensuring our ability to handle your case regardless of the conditions surrounding it. Our firm’s principles are rooted in the belief that all clients deserve respect and dignity. Contact us today for a consultation.