When two parents of a minor child have separated, one of the most difficult parts of the separation is determining how often the child will spend time with each parent. Creating a child visitation schedule can be stressful, but parents who work together to find a positive solution can resolve the matter more easily.
The experienced family lawyers at The Broadway Law Firm are here to help you navigate those difficult child visitation disputes. Whether you and the other parent of your child are hoping to settle a divorce through mediation or your case has to be taken to court, we can stand by your side and ensure that your rights are protected. Your family’s well-being is our priority.
Creating a Visitation Schedule
There are a number of different ways parents can structure a visitation schedule. First off, the parents may work cooperatively and collaboratively to create and agree on a schedule together. Parents can then choose to enforce the visitation agreement between them without court intervention. Keep in mind that if you do not file your visitation schedule with the court, it will not become an enforceable court order.
Alternatively, either parent can file a Request for Order (“RFO”) to have the court issue an order on the issue of child visitation. Once an RFO is filed, the court will order a mandatory mediation between the parents so that they may attempt to resolve the dispute and craft a visitation schedule. During the mediation process, a mediator will work with both sides and try to get a deal done.
If the parents are unsuccessful in reaching an agreement, the court will proceed to meet in front of a judge who will then issue a visitation order. Nothing used in mediation can be presented to the court, as everything said and done in mediation is completely confidential.
Court-Ordered Visitation Schedules
Similar to child custody cases, the court will determine visitation based on what is in the best interests of the child.
Courts will take into account:
- The age of the child
- The child’s relationship with the parents
- The health and emotional well-being of the child
The court will then order a schedule for the parent who does not have primary physical custody. If a parent disagrees with what the court orders, they may file an RFO to return to court and request a modification of the previously issued court order. Again, the parent requesting the modification must show the court why the modification of the visitation order is in the best interests of the child.
If you are interested in learning more about your options for child visitation in California, call The Broadway Law Firm at (213) 344-0545 today.