In California, visitation rights typically come into play when parents are separated, divorced, or unmarried and need legal permission to spend time with their child. Here’s how to pursue visitation rights:
- Negotiate Informally: If possible, try to negotiate a visitation schedule directly with the other parent. This can be done through informal discussions or mediation, where a neutral third party helps facilitate an agreement. [Informal negotiation is not always an option.]
- File a Petition for Visitation: If informal negotiations fail, you can file a petition for visitation with the family court in the county where the child resides. Here’s the process:
- Prepare the Petition: Obtain the necessary forms (typically available on the court’s website or at the courthouse) and fill them out accurately. Include details about your relationship with the child and the visitation schedule you are requesting.
- File the Petition: Submit the completed petition to the court. There is usually a filing fee unless you qualify for a fee waiver based on financial hardship.
- Ensure Other Parent Served: Ensure that the other parent is properly served with a copy of the petition and any court summons, notifying them of the visitation request and the court date.
- Attend Court Hearings: Attend all scheduled court hearings. Be prepared to present evidence and testimony supporting your request for visitation, including reasons why visitation would be in the child’s best interests.
- Court Evaluation: In some cases, the court may order a custody evaluation or investigation by a court-appointed evaluator or mediator. This evaluation assesses factors such as each parent’s ability to care for the child and the child’s relationship with each parent.
- Court Order: After considering all evidence and testimony, the court will issue a visitation order that outlines the visitation schedule, including days, times, and any specific conditions or restrictions. The court’s decision is based on what it determines to be in the child’s best interests.
- Modification and Enforcement: Once visitation rights are established, they can be modified if there is a significant change in circumstances. Visitation orders are enforceable by law, so both parents must comply with the terms set forth by the court.
- Legal Assistance: It’s advisable to seek legal assistance from a family law attorney, especially if the case involves complex issues or if there is disagreement over visitation. An attorney can provide guidance, help navigate the legal process, and advocate for your rights as a parent.
Navigating visitation rights in California involves following specific legal procedures and demonstrating that visitation is in the best interests of the child. Seeking legal advice can ensure that your rights as a parent are protected throughout the process.