Visitation is an important aspect of family law that allows non-custodial parents to maintain a meaningful relationship with their children. In California, there are different types of visitation orders that can be made by the court depending on the specific circumstances of the case.
The courts prefer to keep both parents involved in the child’s upbringing. However, they will always put the child’s best interest at the forefront when making decisions about custody and visitation. In this blog post, we will break down the different types of visitation in California and provide a guide for non-custodial parents.
1. Scheduled Visitation
Children typically benefit from structure and routine. Thus, scheduled visitation orders are very common with the court, as well as with parents. Scheduled visitation specifies dates and times that children will spend with each parent.
2. Reasonable Visitation
There isn’t as much structure with reasonable visitation as with scheduled visitation. This type of visitation allows parents to make a joint decision over the time their children spend with each parent.
This works well for parents who still get along and are close after the divorce. Keep in mind, however, that while this type of visitation allows a great deal of flexibility, it also leaves room for disagreements should the relationship between the parents deteriorate.
3. Unsupervised Visitation
The most common type of visitation arrangement in California is unsupervised visitation. Unsupervised visitation allows non-custodial parents to spend time with their children without a third-party supervisor. The court may order unsupervised visitation if it determines that the non-custodial parent is not a danger to their child and can provide a safe and stable environment for them.
Non-custodial parents need to understand that unsupervised visitation comes with certain responsibilities. They must ensure that the child is safe and protected during their time together, and they must follow all court orders and parenting plans. Failure to comply with these requirements can result in the court modifying the visitation arrangement or terminating visitation rights altogether.
4. Supervised Visitation
Supervised visitation is a type of visitation arrangement that requires the presence of a third-party supervisor during the visits. This can be a professional supervisor or a trusted family member or friend approved by the court. Supervised visitation is usually ordered when there are concerns about the non-custodial parent’s ability to provide a safe environment for the child.
The court may order supervised visitation if the non-custodial parent has a history of substance abuse, domestic violence, or other behaviors that risk the child’s safety and well-being. Supervised visitation aims to protect the child while maintaining a relationship with the non-custodial parent.
Non-custodial parents should be aware that supervised visitation can be expensive, as they are responsible for paying the fees associated with the professional supervisor. Therefore, they should also build a positive relationship with the supervisor to ensure the visits are as productive as possible.
5. No Visitation
In rare cases, the court may order no visitation between the non-custodial parent and the child. This usually occurs when the non-custodial parent poses a significant risk to the child’s safety or has been found to have committed severe abuse or neglect. In addition, no visitation orders are typically made as a last resort when all other options have been exhausted.
Non-custodial parents who have been ordered no visitation should seek legal counsel to explore their options for appealing the decision or modifying the order. They should also seek counseling or therapy to address any underlying issues that may have led to the no-visitation order.
6. Virtual Visitation
Virtual visitation is a relatively new type of arrangement that allows non-custodial parents to communicate with their children electronically. This can include video calls, instant messaging, or email. In addition, virtual visitation benefits non-custodial parents who live far away from their children or have limited visitation rights.
Virtual visitation is becoming increasingly popular in California, and many courts now include it as a standard part of parenting plans. Non-custodial parents interested in virtual visitation should discuss it with their attorney and the other parent to determine the best course of action.
Let Azemika & Azemika Help You Get the Visitation Rights You Deserve
Understanding the different visitation arrangements in California is essential for non-custodial parents who want to maintain a meaningful relationship with their children. By familiarizing themselves with these arrangements, non-custodial parents can work with their attorneys and the court to create a visitation plan that meets the needs of everyone involved. If you feel that your parental rights have been violated, you should enlist the services of an experienced family law attorney.
Azemika & Azemika has provided exceptional family law representation to clients throughout Kern County for over three decades. Our partners have handled some of the county’s most challenging family law cases. Our objective is to provide clients with aggressive, knowledgeable, affordable representation.
Contact us today for a case evaluation.