Parental Rights And Visitation

Los Angeles Family Lawyers

Visitation is the parental right of the non-custodial parent to spend time with the child. In the case where one parent gets sole custody of the child, the court will typically grant visitation rights to the other parent.

In California there is a “joint custody” law that encourages the courts to award joint legal custody. This grants parental rights to both parents for the children’s education, religion, extracurricular activities and medical treatment. The courts also typically award physical custody to one parent with “secondary physical custody” or visitation rights to the second parent.

The parents need to agree to “reasonable” visitation rights, which is when the non-custodial parent will have the children. This can be a contentious area-to avoid disputes between the parents, we recommend that a written parenting agreement be prepared which details the visitation schedule.

There may be a situation, such as job relocation or remarriage, where the custodial parent wants to relocate to another geographic area. The California courts in past have ruled against the relocation. However, the California State Supreme Court recently ruled that the custodial parent generally has the right to determine where the children are to live, providing that the intent for moving was not simply to deny access to the children by the non-custodial parent. The non custodial parent should be prepared to present evidence to the Court showing that the move is not in the best interest of the child.

Custody agreements are always subject to amendment going forward based on real changes in circumstances of the child or parent.

As there are many options in California, it is recommended to have an experienced family lawyer to advise you of your options and to protect your parental rights. To speak with one of our family lawyers serving the greater Los Angeles area about this or other family law matter, please contact us today at 626-440-9518 for a complementary, confidential consultation.