In California, visitation refers to the time a non-custodial parent spends with their children during and after a divorce or separation. It is one of the key components of child custody arrangements. California law prioritizes the best interests of the child when determining visitation schedules and decisions. Here’s an overview of how visitation is handled in a California divorce:
1. Types of Custody in California
Before addressing visitation, it’s important to understand the two main types of custody:
- Legal Custody: The right to make important decisions about the child’s life, such as those related to education, healthcare, and religious upbringing. Legal custody can be shared (joint legal custody) or awarded to one parent (sole legal custody).
- Physical Custody: Where the child lives most of the time. Physical custody can be joint (the child spends substantial time with both parents) or sole (the child lives primarily with one parent).
Visitation typically applies to cases where one parent has primary physical custody, and the other parent is granted time to spend with the child.
2. Visitation and Parenting Plans
California courts encourage parents to create a parenting plan (or custody and visitation plan) that outlines the visitation schedule, including where the child will be during holidays, weekends, vacations, and other important events. If parents can agree on a visitation schedule, it can be formalized in a stipulated agreement (an agreement signed by both parents).
If parents cannot agree on a visitation schedule, the court will make a decision based on the best interests of the child.
3. Types of Visitation Schedules
There are several types of visitation schedules, depending on the circumstances and the relationship between the child and the parents:
- Standard Visitation: In cases where parents live relatively close to one another, a standard visitation schedule may be implemented, typically giving the non-custodial parent visitation every other weekend, with additional time during holidays or school vacations.
- Expanded Visitation: This is a more flexible schedule that might give the non-custodial parent more time, such as weekday visits or extended time during school breaks.
- Supervised Visitation: In some cases, the court may order that visitation be supervised. This typically happens when there are concerns about the child’s safety or well-being. Supervised visitation occurs in the presence of a third party, such as a relative, social worker, or visitation center.
- Virtual Visitation: If the parents live far apart, the court might allow virtual visitation through phone calls or video chats (e.g., via Zoom, Skype). This can help maintain the relationship between the child and the non-custodial parent.
4. Factors the Court Considers for Visitation
When parents cannot agree on a visitation schedule, California family courts consider several factors to determine what is in the child’s best interests, as required by Family Code Section 3011. Some of the key factors include:
- The child’s health, safety, and welfare: The court will consider any history of domestic violence, substance abuse, or any concerns about the child’s safety with either parent.
- The nature and amount of contact with both parents: The court seeks to preserve and foster a meaningful relationship with both parents, provided it is in the child’s best interest.
- The child’s age and preferences: The court may consider the child’s age, maturity, and any expressed preferences regarding visitation, particularly if the child is older (usually over 14 years old).
- The ability of each parent to encourage a relationship with the other parent: The court prefers that both parents cooperate and facilitate the child’s relationship with the other parent. Parents who are obstructive may face limitations on visitation.
- The stability of each parent’s home: The court may also consider the emotional and physical stability of the parents’ homes and their ability to provide for the child’s needs.
- History of abuse: If there is any history of abuse by one parent toward the child or the other parent, this will heavily influence the court’s decision regarding visitation.
5. Visitation in High-Conflict Cases
In cases where there is significant conflict between the parents, the court may:
- Order supervised visitation to ensure the safety and well-being of the child.
- Appoint a mediator or a parenting coordinator to help resolve disputes and create a visitation plan.
- Require parents to attend co-parenting classes or counseling to address conflict and improve communication.
6. Modification of Visitation
If circumstances change, either parent can request a modification of the visitation arrangement. For example, if the non-custodial parent moves to a new location or if the child’s needs change, the existing visitation order may no longer be appropriate. To modify visitation, the parent must file a request with the court, and the judge will determine whether the modification is in the child’s best interest.
7. Enforcement of Visitation Orders
If one parent fails to comply with the visitation schedule, the other parent can seek enforcement through the court. California courts have several enforcement mechanisms available, including:
- Contempt of Court: A parent who repeatedly denies visitation may be held in contempt, which can result in fines, sanctions, or other penalties.
- Modification of Custody: If a parent is consistently obstructing visitation, the court may modify the custody arrangement, potentially awarding more custodial time to the other parent.
- Visitation Monitoring: In cases where there is a significant issue of non-compliance, the court may order that future visitation be supervised.
8. Relocation and Visitation
If a custodial parent wishes to move out of state or far away from the non-custodial parent, the court generally requires the custodial parent to obtain court approval before relocating with the child. If the non-custodial parent objects to the move, the court will consider how the move impacts the child’s relationship with both parents. The court will seek a solution that minimizes the disruption to the child’s relationship with both parents.
9. Holiday and Vacation Visitation
Many custody agreements and visitation orders include special provisions for holidays, school vacations, and significant events. These schedules are usually designed to ensure that both parents get time with the child during important times of the year (e.g., birthdays, holidays, summer vacation). These schedules can be flexible, with parents agreeing to switch visitation periods as needed, depending on family traditions or other factors.
10. Parenting Coordination and Mediation
In contentious divorce cases, California courts may require parents to work with a parenting coordinator or attend mediation. A parenting coordinator is a neutral third party who helps parents resolve conflicts and maintain a stable schedule for the child. Mediation is also used to encourage parents to reach a voluntary agreement on custody and visitation matters. The court may order mediation before taking further steps in resolving any disputes.
Conclusion
In California divorce cases, visitation refers to the time the non-custodial parent spends with the child. The court seeks to ensure that visitation is in the best interests of the child, taking into account the child’s safety, relationship with both parents, and other factors. Visitation schedules can range from standard weekend visits to supervised visits in cases of safety concerns. If parents cannot agree on visitation, the court will make the final determination. Parents are encouraged to work together to create a parenting plan that benefits the child, but the court will intervene when necessary to ensure that the child’s welfare is prioritized.