What You Need to Know About Non-Custodial Parent Visitation Rights in California
In California, non-custodial parents have rights to visit their children. Here’s everything you need to know about non-custodial parent visitation rights in California.
Non-custodial parents do not have the right to live with their children or make important decisions on behalf of their children. However, certain court orders can grant non-custodial parents visitation rights. Thus, visitation rights for non-custodial parents in California are based on court decisions.
What are the different types of visitation in California?
Visitation, or time-share, refers to the plan parents make to allot how much time each parent will spend with the children. The non-custodial parent – who spends less than half of the time with the children – is given visitation rights. The other parent is considered the custodial parent and has more legal rights and responsibilities relating to the children.
Visitation orders depend on many factors including the parents’ living circumstances. The most important factor that courts consider when making visitation decisions is how it will impact the children, as the best interests of the children are prioritized.
Related: What the “Child’s Best Interests” Mean in California Courts
Different types of visitation include:
Scheduled visitation
In order to prevent future conflicts or misunderstandings, parents often outline in-depth plans for visitation. These plans state which parent the children will be with on specific times and dates. Visitation schedules will also take into account major yearly celebrations by planning where the child will be on given holidays, vacations, and special occasions.
Related: How to Make a Child Visitation Schedule in California
Reasonable visitation
When parents have strong communication and are capable of working out plans effectively, they will typically have a reasonable visitation order. This order is vaguer than scheduled visitations, in that it lacks explicit details about when the child will be with which parent. Overall, this order is very flexible. However, if parents are unable to work well with one another, consequences of this order can result in conflict between parents that may lead to the child’s distress.
Supervised visitation
Supervised visitation occurs when the safety and well-being of the children necessitate another adult or professional being present during the visitation. Supervised visitation is also common in cases where a child is not close to the parent visiting them (potentially due to them not having spent a lot of time together), thus, another party being present can make the process of visitation more comfortable for the child.
There are different factors that may influence a judge’s decision to issue a third-person visitation agreement, some of which include:
- A parent having mental illnesses
- A parent having a history and/or allegations of abuse, including domestic violence and child abuse or neglect
- A parent seeking the opportunity to discuss particular matters with the other parent
- A threat that the visiting parent may abduct the child
- Efforts to make the child more comfortable in the case that they do not have a strong existing connection or relationship with the visiting parent
- Introduction of the child to the parent if they have not interacted in the past
Court orders place specific limitations on the duration of visits. Additionally, they will identify the third party and the time/place of the visitation.
No visitation
No visitation refers to there being no visitation done by a parent to a child. This is another way of stating that there will be no contact between the parent and the child, even if a third party could be present. This typically occurs when emotional or physical harm acts as a risk of the parent visiting the child.
Related: Types of Child Custody and Visitation in California
When do courts grant a parent visitation rights?
Courts will typically always grant biological parents visitation rights. That being said, courts will not grant biological parents visitation rights if this could lead to any potential harm to the child. Visitation rights are not granted on the basis of a past marriage, therefore, not having been married will not sway the decision of the court.
Additionally, religion, race, sexual orientation, and physical disabilities do not factor into the court’s decision on visitation rights. Rather, courts evaluate the best interest of the child when deciding if a parent will have visitation rights.
The factors evaluated are the same as those considered when deciding custody agreements. Some of these factors include:
- How old the child is
- If the child has physical or mental health impairments
- The child’s connection to their community (including school)
- Any history of abuse (domestic or alcohol and drug-related)
- The relationship between the child and either parent
- Each parents’ ability to provide care and support for the child
Contact Us
If you or a loved one have any more questions about non-custodial parent visitation rights in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!