When a divorce or separation case involves children, the parties must address additional considerations that will affect the family down the road. Issues such as legal and physical custody and visitation (or “time-share”) must be resolved, either by mutual agreement or an order of the court. California courts have the authority to issue various kinds of visitation orders in child custody cases. The underlying goal is to find a suitable arrangement that serves the best interests of the child under the circumstances. It is important to understand your family’s rights in a child custody and visitation proceeding. You are encouraged to contact an experienced San Diego family law attorney, who can sort through the legal requirements in order to protect your rights.
“Visitation” is usually part of a custody order and is commonly understood to be the plan for how parents will divide time with their children. Depending on the situation, visitation can take place according to a schedule, or it may be unscheduled (“open-ended”) but “reasonable.” In some cases, courts will order “supervised” visitation, or no visitation at all. In order to be able to enforce a custody and visitation arrangement, the parties must present the plan to a judge. Once the judge signs the document, it becomes a court order, enforceable by either party. If circumstances change, such as the children’s schedules, the location of the parties, or any other item affecting the arrangement, either party may file an application with the court to modify the existing custody and visitation order.