Santa Rosa Child Visitation Lawyers
Child Visitation in California
Child Visitation Lawyer in Santa Rosa, CA
Child visitation and child custody laws are two of the most sensitive issues that divorcing parties face. As a guiding principle, the child’s best interests are always placed at the forefront. Consult our child visitation lawyers today to know your visitation rights in California.
When children are involved, some couples try to stay together longer than they reasonably should. This, however, can do more harm than good. If you have children and are planning for divorce, it is highly recommended to seek legal advice early on. A competent and compassionate California visitation lawyer can help as you make crucial decisions.
You must never take divorce and family law cases lightly. If you are considering filing for a divorce in California and are worried about visitation and child custody issues, contact us at Embolden Law PC. A credible Santa Rosa CA visitation lawyer can answer your legal questions related to parenting time and help you decide on the best path to take.
Visitation and Legal Rights for Divorced Fathers
Maintaining continuity and stability in the environment of children is behind every child custody decision. Whenever possible, established patterns of care are maintained, and emotional bonds between a child and their primary caretaker are protected. Unless there are extraordinary circumstances, siblings are generally kept together.
Unlike previous decades, courts deciding to award custody (primary physical custody or joint custody) to the father is no longer rare. The idea that the court must take the best interests of a child into account also applies when granting parenting time or visitation rights to a divorced father. His role in the development of the child is recognized.
If you wish to clarify how these will affect your case or influence your child custody battle, call us atEmbolden Law PC Get help from a California child visitation lawyer today!
Child Custody Laws in California
Over the years, child custody law in California significantly evolved like in all of the other states. When granting custody, family courts no longer take sex into account. Custody of the child is no longer ‘automatically’ awarded to the mother. The father and the mother initially have equal custody rights.
After divorce, a child will live for the majority of time with the other parent, called the residential or custodial parent. Judges, however, will grant the non-custodial parent-child visitation rights since each parent must have a significant presence in a child’s life.
At present, for matters related to physical and legal custody, the guiding principle is the child’s best interest. In any parenting-related proceeding in the courthouse, the child’s health, safety, and welfare are the primary concerns. Additionally, it must be established that frequent contact with a parent is genuinely beneficial for the child.
Get help from a California child visitation lawyer today!
Child Custody and Visitation Rights in Santa Rosa, CA
Very broadly, child custody and visitation orders may be requested by either parent of a child. Social work studies and the child’s preference (age 12 or older) will factor into the case depending on the actual situation. However, proof of misconduct by one parent, such as adultery, domestic violence, and alcohol or substance abuse, will largely influence the court’s decision.
In some instances, the judge may appoint a child custody evaluator to do a custody evaluation and recommend a parenting plan. After a judge makes a custody or visitation order, they will only approve a modified custody and visitation order if both parents agree. Otherwise, the parent proposing the change must prove a significant change in circumstances and a good reason to change the order.
A seasoned child visitation lawyer in California can provide you with legal options that will enable you to protect your family. For child support guidelines, child custody laws, and visitation arrangements, reliable legal services are necessary. Call us at 707-596-6641 today to schedule a consultation with out trusted Santa Rosa child visitation lawyer.
Dealing with Child Custody in California
In cases where the divorcing parents of the child agree, California law generally favors joint physical and legal custody. If parents request and are denied joint custody, the judge will have to explain the decision in writing. However, if the parties involved do not agree, there is no starting presumption for or against joint custody.
If deemed necessary, the court may develop a parenting plan with the child’s best interest as the main guiding principle. In general, a family judge will evaluate whether the father or mother has a greater capacity to facilitate continuing contact and a positive relationship between the child and the non-custodial parent. Such will also factor in when visitation arrangements are decided.
At Embolden Law PC, our California family law attorneys can provide quality legal representation to protect the best interest of your child, your financial interests, your relationship with the co-parent, and your financial interests. Our team of experienced litigators understands the ins and outs of the California family code. It will help you achieve a favorable outcome.
Get help from child visitation lawyers in Santa Rosa, CA today!
Do I need a visitation lawyer in California?
In uncontested divorce cases, couples go through peaceful mediation. They can come up with parenting arrangements on legal and physical custody. Child custody and visitation arrangements are then submitted to the family court for approval. Not all couples going through a divorce, however, can come to a fair agreement.
If discussing, negotiating, and compromising child custody and parenting issues is not possible, child custody disputes are highly likely. Most of the time, in a contested divorce case, the court decides on legal custody (or the legal rights to make decisions for a child), physical custody, and visitation.
Court orders on custody and visitations must always be taken seriously and enforced appropriately. It is not unusual for a custodial parent to disregard a visitation order and ‘keep’ a child from the non-custodial parent. If this is the case, it is best to seek legal help from a trusted California visitation and child custody lawyer. Call us at 707-596-6641 today to schedule a consultation.
Visitation Rights in California
In California, it is public policy to ensure that children have frequent and continuing contact with both parents, even after separating or dissolving their marriage.
Within a divorce or legal separation, deciding on property division (asset division) and spousal support (alimony) can be pretty tricky. Even more so are custody and parenting time agreements. They may even be impossible given certain circumstances, and the family court must interfere.
When a court rules on visitation rights, it will usually order reasonable visitation. The parents often determine when and where visitation will occur to account for the flexibility of the parents’ and children’s schedules. While custodial parents are given more control over the details, such as the date, time, or even duration of visits, parenting time with non-custodial parents must not be restricted or prevented.
If you are a non-custodial parent and are not happy with the visitation arrangements, our child visitation lawyers can help. We can also provide legal assistance if you are the custodial parent and you need legal advice. Call 707-596-6641 today to schedule a consultation with us. Get help from California child visitation lawyers today!
Special Cases and Limited Visitation Rights
When awarding custody, California courts consider factors that could affect the health and safety of a child. A judge, for example, will likely not grant custody or even visitation to fathers of children conceived from rape cases. Additionally, visitation may be limited if a parent is charged with sexual or physical abuse, as corroborated by an individual child protective agency.
The same can also be applied in cases involving
- habitual alcohol abuse,
- illegal drug use, or
- previous sexual or physical child abuse cases.
The judge will only award custody if they are convinced that such a criminal record will not risk the children involved.
Unsupervised visitation, however, is generally prohibited if a parent is convicted of the murder of the other parent.
Due to the highly sensitive nature of these things, there is no room for mistakes. Seek legal advice from hands-on and hardworking Santa Rosa child visitation lawyers who can explain these things in greater detail. Call us at 707-596-6641 to schedule an appointment. Get help from California child visitation lawyers today!
Possible Issues in a Visitation Arrangement
Child custody and visitation are the most complex and emotionally draining parts of a divorce filing for many couples. It involves a parent’s role in a child’s upbringing, even after they part ways with their spouse.
While many parents stick to parenting plans approved by the court, there are parents out there who are irresponsible when keeping custody or visitation appointments. On the other hand, some parents deny visitation to “get back” at their former spouse. This, however, should not be the case.
In California, all legal custody orders, physical custody orders, and visitation orders are based on the best interest of your child. While judges generally prefer that the parties agree to the visitation schedule, they will step in if necessary. Our dedicated Santa Rosa family lawyers at Embolden Law PC will look closely into your case. Our child visitation lawyers will help you decide the best course of action to take.
Consult with a Trusted Child Visitation Lawyer in Santa Rosa, CA
Most divorcing parents are asked to go through mediation. There are also cases when parties eventually agree to an arrangement after emotions have stabilized.
For legal assistance on bringing to court child custody and parenting time cases, contact our Santa Rosa law firm by calling us at 707-596-6641.
Connect with our Santa Rosa family law firm and speak with an experienced attorney regarding family law, bankruptcy, real estate, employment law, and other legal matters. Call us at 707-596-6641 to schedule an appointment.
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