If you are a non-custodial parent, you want to be able to spend time with your child, which is why visitation rights are of utmost importance. Visitation rights specifically grant you the right to take physical custody of the child for a specific, regular period of time every week or month. In many cases, two divorced parents may not be able to reach an agreement on a visitation schedule, which is where court interference comes in. Many cases end up seeing the courtroom, which is why it helps to understand the process. The courts will look at many factors to determine visitation, including the “best interests of the child” to determine the child’s physical, emotional, and developmental welfare with the parents involved in their life.
How Does the Visitation Process Work?
Of course, one of the first steps you want to take is speaking to your former spouse about what visitation arrangement works best for both of you and your child. If you can establish a visitation schedule without the courts, this is great. However, if you cannot, involving the courts is not the end of the world. In these cases, you must be able to outline the terms of your agreement in a petition for visitation rights.
After you have come up with the best outline for the courts to follow, you want to file the petition with the clerk of the court. In many cases, a family will already have a previous custody agreement in place. In these instances, you will need to file your petition under the same case number as the original case. After this, the petition will be served to the other parent.
After this step, many California ex-spouses will attend mediation to help reach an agreement. However, mediation sometimes fails because the parents cannot agree. If this occurs in your case, then you must attend a hearing in front of a judge. The judge will make the best determination based on what they see and hear as well as the child’s best interest. You will be able to present evidence supporting your case in any event.
Your case may sound cut and dry, but it is not always as simple as it sounds. In fact, many custody cases become entirely complex. This is why it is a good idea to have an attorney on your side who understands the ins and outs of these cases. Call us today for more.
