Generally, a parent cannot deny visitation based on the other parent’s new partner. The court focuses on the child’s best interests and will assess the impact of the new partner on the child’s well-being. This topic usually arises if the new partner poses a risk of harm to the child(ren).

A parent should not unilaterally deny visitation based solely on the child’s refusal to visit. It is important to address the underlying issues and seek appropriate legal remedies if necessary.

If there are no restrictions set forth in the custody and visitation order,, or if the order allows out-of-State travel with the child(ren), a parent can generally take the child out of state during visitation. However, it is always advisable to inform the other parent and provide necessary contact information (i.e., an itinerary)

It is generally recommended to seek court approval for any modifications to visitation arrangements to avoid potential conflicts or legal issues. It is important to follow the existing court order until any modifications are approved by the court, usually in the form of a Stipulation and Order, filed with the court.

If the child’s schedule changes significantly (i.e., school schedule), it may warrant a modification of visitation arrangements. The court will assess the circumstances and determine what is in the child’s best interests.

Yes, if a parent is consistently denying visitation rights, the other parent can seek enforcement through the court. This may involve filing an Order to Show Cause (OSC”) for contempt and providing evidence of the denial or seeking other remedies from the court.

No, a parent cannot deny visitation based on personal dislike or disagreement with the other parent. Visitation rights should not be withheld unless there are valid concerns about the child’s safety or well-being. If there are safety concerns, then the party should immediately consult with his/her lawyer and take appropriate action to change the visitation […]Continue reading

In some cases, the court may consider a child’s preferences regarding visitation, especially if the child is of sufficient age and maturity to express their wishes. Preference is not determinative.

In rare cases, the court may terminate or severely limit visitation rights if it determines that the child’s protection, safety, or well-being would be at risk during visitation.

Yes, the court may order supervised or monitored visitation if it is deemed necessary to protect and ensure the child’s safety and well-being. Supervision can be conducted by an adult party, a professional monitor, `a neutral adult third party or through a professional monitoring agency as the court deems appropriate or as the parties agree.

In exceptional cases, non-parents such as grandparents, stepparents, same-sex partners, or other relatives may be granted visitation rights if it is in the child’s best interests and the parents are not allowing reasonable visitation.

Relocation by the custodial parent may, most always, impact visitation arrangements. The court will consider the impact of the move on the child and the non-custodial parent’s ability to maintain a relationship with the child. Refer to the “move-away” comment addressed in topic No. 2 above.

No, visitation and child support are separate issues. A parent cannot deny visitation rights to the other parent based on non-payment of child support.

Yes, visitation rights can be modified if there has been a significant change in circumstances, such as the child’s age, a change in the child’s needs or the availability of the parent, among others.

The court considers the best interests of the child when determining visitation rights. Factors such as the child’s age, health, maturity, and relationship with each parent are considered, among others.

Yes, under certain circumstances, grandparents can petition the court for visitation rights if it is in the best interests of the child. These types of cases are highly emotionally charged and/or confrontational and a very expensive and difficult road to travel for grandparents, given the statutory law applicable to grandparent visitation.

Custody refers to the legal and physical responsibility for a child, while visitation specifically refers to the non-custodial parent’s allocated custodia visitation (parenting) time to be with the child.

Visitation, also known as “parenting time” or “custodial time-share,” refers to the noncustodial parent’s right to spend custodial time with their child(ren) following a separation or divorce.

If you suspect parental alienation, where one parent manipulates the child to reject the other parent, it is important to document any evidence and consult with an attorney. The court may address parental alienation allegations and take appropriate action to protect the child’s relationship with both parents. It would be prudent and, in some cases, […]Continue reading

No, visitation and child support are separate issues. A parent cannot deny visitation based on non-payment of child support. The court enforces child support through legal channels, and visitation should not be used as leverage.

A child’s preference to live with an adult sibling can be considered by the court under certain circumstances, but it is not automatically determinative. The court’s primary focus is the child’s best interests, and the child’s preference must align with those interests. These types of cases are rare and the basis of the child(ren)’s preference […]Continue reading

Relocation closer to extended family may be a factor considered by the court when determining custody modifications. The court will assess whether the move benefits the child’s well-being and if it is in the child(ren)’s best interest, the court may or may not modify custody arrangements depending on the circumstances on a case-by-case basis.

In some circumstances, yes. The court takes domestic violence allegations seriously and considers them when making custody decisions. A parent with a history of domestic violence (especially of recent history) may be denied custody, or limited visitation, or granted supervised visitation to ensure the safety of the child.

If a parent violates a custody order, the other parent can file a motion (Order to Show Cause and Affidavit for Contempt (“OSC”)) for contempt or enforcement with the court. Consequences for the violating parent may include fines, incarceration, modification of custody arrangements, and/or supervised visitation.

A parenting plan is a written agreement (confirmed in a court order) that outlines custody and visitation (Parenting Plan) arrangements between parents. It can include details such as the physical custodial time share terms, the holiday and vacation schedules, the child’s camp and/or extracurricular activity schedule, parental decisionmaking authority, and methods for resolving disputes. Parents […]Continue reading

Yes, mediation is a common method used to resolve child custody disputes in California. It allows parents to work together with a neutral mediator to reach a mutually acceptable agreement on custody and visitation arrangements. To be enforceable, the terms of such an agreement must be confirmed in a Stipulation and Order and/or included in […]Continue reading

Yes, consistent, and willful violations of a visitation schedule can be grounds for a custody modification. The court will assess the situation and may consider adjusting custody arrangements to ensure compliance and protect the child’s best interests.

Relocating out of state with a child requires either the other parent’s consent or a court order granting permission for the move. The court will evaluate various factors to determine if the move is in the child’s best interests. “Move-away” cases are very complicated, and you should always consult with your lawyer regarding this issue. […]Continue reading

A parent’s new partner can be a relevant factor in custody proceedings if the court finds that the new partner’s involvement could potentially negatively impact the child’s wellbeing or poses a risk of harm to the child. The court will evaluate the circumstances on a case-by-case basis.

A parent’s criminal record can be a factor considered by the court in custody decisions. Serious offenses or a history of domestic violence may impact the court’s determination, as the primary consideration is always the child’s best interests.