Asserting visitation rights is critical for any parent who wishes to maintain an active relationship with their child. Without these rights, parents could be legally forbidden from seeing their children. After the divorce process, courts often designate one party as the primary caregiver. Unfortunately, the other party must then seek visitation rights to continue seeing the child. Due to the sensitivity of this issue, parents need to be sure that they understand how visitation rights are granted. This will take a look at the primary considerations for child visitation rights in the State of California.
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California Child Visitation Rights
California courts generally award visitation rights when the other parent is not deemed to be a danger to the child. Unless there are outstanding problems, parents are usually left to decide the terms of visitation on their own. Due to the flexibility that this affords, this is always preferable. Visitation rights can allow the child to go on a trip with the other parent or stay at the parent’s house overnight. However, the primary caregiver is still given exclusive access to the child. This means that the caregiver can choose to revoke visitation rights or limit them to certain times. However, parents who can negotiate these terms on their own can expect to enjoy the benefits of greater flexibility.
Unfortunately, an uncooperative party can make visitation rights complicated. There have been cases where parents are unwilling to give the child back after visitation hours. There may also be disagreements between the parents about specific times or hostility derived from a previous relationship. For this reason, it may be necessary for courts to adjudicate on child visitation rights. When this happens, a judge will decide the specifics of visitation access. A judge may even need to designate specific times where children can see the other parent. Unfortunately, these court orders can eliminate most of the flexibility afforded under general visitation rights.
Even when visitation is contested, visitation rights can usually be granted to the other party. However, there can be many factors that can prevent an individual from being awarded visitation rights. One of the most common reasons why an individual might not be awarded visitation rights is due to a criminal offense. A felony can often be interpreted as an inability to care for a child. Courts may also be concerned about a child’s potential safety. A parent with a history of domestic abuse could have trouble earning visitation rights.
Grandparents Visitation Rights
When parents get divorced, grandparents can often have a difficult time seeing their grandchildren. Unfortunately, this can make growing up difficult for young children in a divided family. For this reason, the State of California enables grandparents to assert their visitation rights to grandchildren.
Obtaining grandparent’s visitation rights can be a complex legal matter. In most cases, grandparent’s rights are only available when couples are divorced. These visitation rights also require a pre-existing relationship between grandparents and the grandchildren. However, there can be specific issues that can enable grandparent’s rights to be asserted when parents are married. If parents are living separately, courts can enable grandparents to assert their visitation rights. It may also be possible to earn visitation rights if the whereabouts of children are unknown for 30 days.
Grandparent’s rights can often be difficult to assert when parents are still legally married. However, this can be easier when parents are deemed to be incapable of taking care of their children. Grandparent’s visitation rights can also be claimed when one or more parents are deceased. Due to the complex it is this issue, it is important to work closely with an attorney when pursuing contested grandparents visitation rights.
Denial of Child Visitation
Since visitation rights are granted by a judge, there is no way to guarantee that visitation rights will be granted. In some cases, individuals who apply for child visitation rights are unable to receive them. These rights can be appealed or modified at a later date.
It may also be necessary for a caregiver to prevent the other party from being granted visitation rights. For the child to have a harmonious childhood, courts have long defended the rights of caregivers against abusive visitors. If the other spouse is consistently refusing to return the child, it may be necessary to pursue these issues in court.
Robert A. Montgomery is a Santa Rosa child visitation rights attorney who works hard to defend the rights of his clients. With more than 30 years of experience and over 100 trial judgments, he has proven his ability to assert the rights of his clients in court. Contact Robert A. Montgomery at (707) 525-1212 to earn your visitation rights today!