What are the different types of visitation orders in a Carlsbad or San Diego divorce? Child custody and visitation is often one of the most contested issues in a local divorce case. What options does the Court have when determining how much time they will spend with their child(ren) during and after a divorce?
It is important to first discuss the guiding principles of our local Family Courts. California Family Law clearly enshrines “the best interest(s) of the child” as the primary factor in a family law case involving children. San Diego Family Court Judges also know it is usually in the best interest of a child to spend quality time with each parent on a regular basis and to have open channels of communication between a parent and child to preserve and develop this important relationship.
Generally speaking there are four different types of visitation orders in a Carlsbad or San Diego divorce decree:
- Scheduled Visitation
- Reasonable Visitation
- Supervised Visitation
- No Visitation Rights (Sole Legal and Physical Custody given to one of the Parents)
In most cases the Court wishes to preserve as many of the existing patterns in a child’s life (prior to the divorce) as possible. With that in mind the parties negotiate or agree through mediation to some form of shared custody with scheduled visitation for each parent based upon a schedule. If the parties are unable to reach agreement on custody and visitation the Court will hear the case and issue orders.
In cases where the parties establish (and the Court concurs) that there is a strong, amicable, working relationship between a child’s parents the Court may approve reasonable visitation which is less formally structured, but more of an agreement between the parties to work together to decide upon the child’s visitation schedule going forward.
There are a few types of visitation orders in a Carlsbad or San Diego divorce which reflect the Court’s genuine concern for the child’s safety and/or best interest. In cases which involve dangers such as domestic violence, criminal activity, drug or alcohol addiction or abuse or emotionally damaging behaviors the Court may order supervised visitation. Supervised visitation occurs in a controlled environment with a neutral third party (often a professional) appointed by the Court. Finally, the Court may find rare circumstances which establish visitation would be harmful or damaging for the child and order sole custody for one parent with no visitation rights to the other.
Are you concerned about child custody and visitation in your divorce case? You need the experienced, proven advice and representation of the Certified Family Law Specialists at Burke & Domercq. We invite you to review the strong recommendations of former clients and the legal industry and contact us or call 760-434-3330 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.