Visitation Problems

The best solution for determining visitation rights is for both parents to agree on terms and schedules. However, when parents are unable to agree upon visitation rights for the non-custodial parent, the court intervenes in making the decision.

This resolution, as in all decisions regarding the child, is based upon what is best for the child. Paramount in making this decision are the child's health, safety, welfare, education, and any abuse by a parent.

The legal system in California prefers that parents work together to agree upon visitation rights and schedules for the children of divorce. This makes the most sense, because the parents are familiar with the needs and schedule of their child.

When parents cannot agree upon a child visitation schedule, a state Superior Court must provide mediation during which such a schedule is written and hopefully agreed upon by both parents. They will have only a limited amount of time with the mediator, who will try to provide a suitable visitation agreement that is both in the best interest of the child and can be acceptable to the parents.

Because of the limited time allowed for the mediation meeting, each parent might want to meet with a lawyer ahead of time to work out what he or she believes is best for the child. In this instance, as in all the various problems involved in divorce, child custody, and visitation, attorneys at The Edmunds Law Firm have years of experience helping clients resolve such issues.

Determining Schedules

Parents can determine their own schedules. In cases of joint custody, the following are some typical ways to share time with the child:

• One parent can have custody during the week and weekend during a certain time and the other parent then has custody at all other times
• The child can stay with each parent during alternate weeks
• The child stays with one parent during the school year and with the other parent during the summer and other school holidays
• Parents can decide on the schedule week by week

In the case of one parent having sole custody and the other having visitation rights, a couple of typical visitation schedules include:

• The non-custodial parent visits with the child every weekend at specific times
• The non-custodial parent visits with the child every other weekend at specific times

Whatever the visitation issues might be, you can depend upon excellent representation for you and your child by a San Diego family lawyer from The Edmunds Law Firm. Please contact us for help today.