Call Today!

626.788.9864

If my custody order sets forth that I have "reasonable" or monitored visitation, must I show a change of circumstances to modify my judgment (final order)?

Often I have clients bring in judgments (paternity or dissolution) setting forth a "reasonable" visitation schedule and informing me that they are having issues with the other parenting in seeing their children. This is typically followed by the question, "What is reasonable?" For whatever reason there is a box on judgment forms that a party can check that says 'reasonable visitation." However, there is no definition of what reasonable visitation actually is. These permanent orders are readily modifiable without the necessity of showing a change in circumstance. The essence of the request is that the current order of reasonable visitation is unenforceable and clarity of the orders are in the child's best interest. Similarly, when a permanent order specifies that a party has supervised visitation. That parent is not required to show a change in circumstances to modify the order. Rather, they only need show that the circumstances necessitating the supervision has been rectified and that an order for unsupervised visitation is in the child's best interest. If your judgment has left you with "reasonable" or "supervised" visitation and you are having issues with the other parent, contact Covina attorney, Paul Eads today.

Categories