Divorce may be especially challenging when children are involved. Where a child will live and how much time they will spend with each parent are important issues that will need to be resolved. In these situations, it is important to seek the help of a knowledgeable Orange County visitation lawyer who can provide vigorous and compassionate representation at every step of the process. Guided by over two decades of experience, the child custody attorneys at the Law Offices of David P. Schwarz are committed to helping parents pursue visitation arrangements that protect their rights and facilitate a child’s wellbeing.Developing a Visitation Arrangement in Southern California
Under California law, there is a presumption that ongoing and regular contact with both parents is beneficial for a child. This presumption may be rebutted, however, if there is evidence to show that a relationship with both parents would not be in the best interest of the child.
In devising a plan for sharing a child’s time between their parents, a court will always act according to what is in the best interest of the child. The court has broad discretion to consider any factor that may be relevant to this determination, some of which include:
- The child’s age;
- The child’s wishes;
- The relationship of the child to each parent;
- The stability of the proposed living arrangement;
- The health of the child;
- The child’s adjustment to their current home, school, community, and environment;
- The ability and willingness of each parent to co-parent;
- Any history of domestic violence related to either parent; and
- Any other factor that is reasonably related to the child’s health, welfare, and safety.
Visitation may be based on a schedule that details the dates and times that the child will be with each parent. It may also be based on a principle of reasonable visitation, which does not impose detailed rules regarding when the child will be with each parent but allows the parents to work it out between themselves. Finally, visitation may be supervised, which means that visits with one parent will be supervised by the other parent, another adult, or a professional agency.
In California, visitation issues must be addressed independently of other issues in a divorce. In other words, visitation orders must not be contingent upon matters like child support payments, a parent’s sexual orientation, or a parent’s religious beliefs, unless there is evidence that any factor related to these issues will affect the child’s wellbeing.Discuss Your Visitation Matter with an Orange County Lawyer
Regardless of your marital status, spending time with your child is an essential part of parenting. At the Law Offices of David P. Schwarz, our Orange County visitation attorneys are committed to protecting the rights of parents. We understand the nuances of California family law and how it may affect your case. We can assist people in cities such as Mission Viejo, Laguna Hills, San Clemente, Dana Point, Lake Forest, Huntington Beach, Costa Mesa, Fullerton, Yorba Linda, Orange, Irvine, and Newport Beach. To learn more about your legal rights and options, call us at 949-735-9266 or contact us online for a free appointment with a divorce attorney.