Call Today!

626.788.9864

Recent Posts in Visitation Orders Category

  • How do I terminate a guardianship order and have my children returned to me?

    A parent seeking to terminate the guardianship has the burden to show the following in order to terminate the guardianship: a) that the initial basis for ordering the guardianship no longer exists & b) that she or he is fit to resume custody. For example, if a parent lost custody of their children due to a drinking problem that resulted in the injury to their child and guardianship was granted to ...
    Continue Reading
  • I exercise more parenting time then is set forth in my judgment, am I in a better position to oppose a move away hearing then someone whose is designated as a non-custodial parent in the judgment?

    As stated elsewhere, where the parties have Joint Physical Custody (both parties have substantial amounts of parenting time), the Court must consider a move away request de novo and with both parents being on a level playing field. This is in stark contrast to one party being the primary custodial parent who would then have the presumptive right to relocate with the child. However, if the ...
    Continue Reading
  • Is there a different standard in a move away case between parties having a temporary vs. a permanent order for custody and visitation?

    Yes, if you have a temporary order that was the result of a Request for Orders or Domestic Violence Restraining Order hearing then the standard is always what is in the best interest of the child and neither parent has a presumptive right to relocate with the child and are on a level playing field. However, when a permanent order is made (such as a Judgment or Dependency Court Exit Order), there ...
    Continue Reading
  • Restricting Visitation Because of Child Support

    The other parent is either not paying or is always late on paying their child support, do I have to allow him or her to visit my child? Yes. The right of child visitation cannot be expressly conditioned on the other parent's timely payment of support. The appropriate remedy for non-payment or late payment of child support is to either bring a contempt action, obtain a wage assignment or to enlist ...
    Continue Reading
  • Child Concealment & Child Support

    Can I limit or restrict my child support obligation as a means to enforce my visitation rights with my child? The answer to this question rests on whether the child is secreted/hidden until the age of majority or ends before that time. The Court found in IRMO Comer (1996) 14 Cal.4th 504 that a custodial parent's concealment of the child is not a defense to the collection of child support arrears ...
    Continue Reading
  • Child Support and Enforcing Visitation

    The other parent is interfering with my visitation. May I withhold child support to get him or her to comply with the existing visitation order? No. Absent providing actual evidence of concealment, you may not withhold the payment of child support to the other parent. For example, if the other parent is frequently late to the exchanges or doesn't permit visitation at all, your appropriate remedy ...
    Continue Reading
  • Spousal Support & Visitation Rights

    Can I stop paying my spousal support if the other parent denies me visitation with my children? The Court has found that the deliberate rust ration of the other parent's visitation rights may be the basis for the termination of spousal support payments by the con-custodial parent. An example of this frustration includes, but is not limited to, the custodial parent moving out of state and secreting ...
    Continue Reading
  • The Rights of the Natural Parents After an Adoption

    If my child is adopted, what are my rights as a natural mother or father? Visitation rights of a child's parents or former relatives are automatically terminated by the adoption of a child by a step-parent. However, the former grandparent of adopted child may still bring an action for visitation with the child over the objection of a natural parent and the new adoptive parent. The above only ...
    Continue Reading
  • Previous Guardians and Visitation Rights

    I was previously a guardian of a child, but the parent has regained custody of the child. Do I have any rights to visitation with the child? Yes. The Court may grant visitation rights to former legal guardians of children. The visitation is normally reasonable and the Court must make a determination that the visitation is in the child's best interest. In addition, there must not be a pending ...
    Continue Reading
  • Visitation Time and Deployment

    If my son/daughter is being deployed, can I exercise their visitation time on their behalf? This is a common occurrence as our armed services rotates troops and support staff around the country. The relocation of military personal normally requires a parent move a substantial from his or her primary residence and has a material effect on their ability to visit their child. The good news is that ...
    Continue Reading
  • Grandparents' Visitation Rights

    If my son or daughter dies and their spouse is denying me visitation to my grandchildren, do I have any rights? Generally, the Court is required to presume that the surviving parent's determination regarding visitation for the grandparents is in the child(ren)'s best interest. However, sometimes there is hard feelings between the surviving parent and the grandparents and the surviving parent may ...
    Continue Reading
  • Sexual Orientation & Child Custody

    How does a parent's sexual orientation or behavior impact a California child custody order? Whether a parent is heterosexual, homosexual, bi-sexual, transgender, or unknown/changing orientation, the Court will not involve itself in imposing its views on the parents regarding the parent's sexual preference. In addition, the Court will not disqualify a parent from obtaining a custody when that ...
    Continue Reading
  • Factors Considered by the Court When Evaluating a Child's Environment

    What factors do the Court consider in determine the stability of a child's environment? A common outcome in the early stages of child custody proceedings is that the Court is very inclined to maintain the status quo. That is, if the parties, prior to separation or litigation, have an established parenting plan, the Court will likely adopt that plan (with exception) as a temporary order pending ...
    Continue Reading
  • Afraid of Going Back to Court for a Modification Order?

    The other parent keeps threatening to take me back to Court, what can I do to minimize or prevent this from happening? Often times I have clients provide with a mediation agreement or an Order After Hearing telling me they thought the case was done and that the orders they had were permanent orders. This is not the case. In fact, these initial orders are referred to as temporary orders that are ...
    Continue Reading
  • What the Court Considers When Making Visitation Orders

    In California custody proceedings, is a parent's wealth or mental condition a factor in making child visitation orders? The short answer to this frequently asked question is a qualified "No". That is, if the other parent has a nicer house or drives a better car or each child has their own room or wears better clothes, this is not a factor the Court utilizes in making orders for custody and ...
    Continue Reading
  • A Parent's Religion and Determining Child Custody

    Does my religious belief have any impact on my custody or visitation rights in a California child custody case? The issue comes up from time to time when one parent insists on having every Sunday so that they may take their children to his or her religious services. The Court will not make these types of orders nor will they evaluate one parent's religious belief over the other parent's belief. ...
    Continue Reading
  • How Your Children Can Express Their Preferences

    How do I alert the Court that my child has a preference and how does the Court inquire as to what the child's preference is? To answer the first question, the child's desire to express their preference to the Court may be brought to the Court's attention by Minor's counsel, Court investigator, mediator or party. Or their attorney indicates to the judge that the child wishes to address the Court or ...
    Continue Reading
  • The Child's Preference in a Child Custody/Visitation Case

    In a California child custody case, how old does a child have to be to express a preference as to where they want to live? There are two age groups that come into the analysis: 1) Under the age of 14 but is at a sufficient age to reason as to form an intelligent preference as to custody or visitation, and 2) 14 or older and the child wishes to address the Court. In the former group, the Court must ...
    Continue Reading
  • Has Your Child Expressed A Preference in Their Living Situation?

    In a California child custody case, how old does a child have to be to express a preference in living situation? There are two age groups that come into the analysis: 1.Under the age of 14 but if sufficient age to reason as to form an intelligent preference as to custody or visitation 2.14 or older and the child wishes to address the Court. In the former group, the Court must consider and give due ...
    Continue Reading
  • Safeguards to Prevent Kidnapping During a Child Custody Dispute

    What are appropriate safeguards that the Court can utilize to keep a party from kidnapping or fleeing the state/country with the child? There are several safeguards the Court can utilize to keep a child safe from kidnapping/abduction. The more practical ones that the Court may order are the following: Again, in theory, these are quite adequate to guard against a parental abduction. However, there ...
    Continue Reading
  • Hesitant to Report Abuse Because You Fear Losing Custody

    I am concerned that if I attempt to report my suspicions of child abuse that I may lose custody due to the laws against false child abuse reporters. What can I do? No parent shall be placed on supervised visitation or have custody or visitation denied or limited because the parent made a report or took other lawful action based on a reasonable belief that the child was a victim of abuse (FC ...
    Continue Reading
  • If I Was Raped, Does the Father Have Rights to the Child?

    I was raped by the father of my child, does that parent have rights to custody and visitation with my child? Under Family code 3030, a parent whose child was conceived as the result of raping the other parent AND who was convicted of that crime shall not be granted custody. Keep in mind that a mere allegation of rape is not sufficient to deny custody to the other parent. There must be an actual ...
    Continue Reading
  • How Do Registered Sex Offenders Effect Custody & Visitation Orders?

    Do registered sex offenders have rights to custody and visitation with their children in family court? The mere fact that a parent or someone that the parent lives with is a registered sexual offender is prima facie (concrete) evidence that the children are at significant risk and that unsupervised contact with the other parent is not what is best for the child. I have seen situations where a ...
    Continue Reading
  • Do Allegations of Child Abuse Affect a Child Custody Order?

    Does the Court consider physical and sexual abuse committed by one parent towards the child in making custody orders? If these types of abuse allegations are made during a custody proceeding and the Court has concerns regarding the child's safety, the Court may deny or severely limit the visitation of the children with the alleged abuser. The Court may also refer the matter to the local child ...
    Continue Reading
  • How to Prove Substance Abuse

    What kind of testing for substance abuse is available if I suspect the other parent has a substance/alcohol abuse issue? Family code 3041.5 sets forth that the Court is authorized to order drug or alcohol testing if the Court determines by a preponderance of the evidence that the parent engages in habitual, frequent or continual use of such substances. Testing is confidential and the results are ...
    Continue Reading
Page 1 of 2