Experienced Ontario, California Child Visitation Lawyers Assisting Parents
If you are not the custodial parent of your child but your parental rights remain intact, you have a legal right to have reasonable visitation and access to your child. Following a divorce or other custody action, a court will create a visitation schedule and enshrine this schedule in a “parenting plan.” Although visitation schedules and parenting plans can be modified, it is often difficult to do so unless the other parent is agreeable with the changes. Therefore, it is crucial that you have experienced family law counsel with you to help you and the court create a workable and appropriate parenting plan.
Schwartzberg | Luther, APC has been helping noncustodial parents in Ontario, California exercise their rights to child visitation for years. Contact them and learn how they can assist you in establishing or modifying a parenting plan so that your rights are respected and can be asserted.
No Guarantee of Equal Time
Although courts generally like to award the noncustodial parent as much visitation time with his or her child as possible, this does not always mean the noncustodial parent and the custodial parent have the child in their presence and control for the same amount of time. Your child’s school schedule, your work schedule, and any special needs your child may have will all play a role in determining what visitation rights you actually receive. In addition, you may receive less visitation time than you would otherwise if the court finds that you:
- Put your child in physical or emotional danger during visitation;
- Have a work schedule that does not allow you to spend much time with your child;
- Are constantly cancelling visits or returning the child to the custodial parent early;
- Allowing individuals that the court determines to be dangerous or detrimental around your child;
- Disparaging the other parent in front of the child or attempting to damage or sever the child’s relationship with the other parent;
- Engaging in any other behavior that the court believes is injurious to your child’s physical, emotional, or mental wellbeing.
In making a parenting plan and setting your visitation rights, the court is guided by the “best interest of the child.” That is, the court will ultimately fashion or approve a parenting plan that is designed to provide your child with safety and security. Thus, the visitation schedule adopted by the court may or may not be the schedule you would like – or even that your child would have liked. Maximizing your visitation rights requires the presentation of facts and evidence that the court would consider compelling in determining what the child’s best interest requires.
Modifying a Visitation Schedule
Similarly, modifying an existing parenting plan in order to obtain additional visitation time can occur if (1) the other parent agrees to the modification, or (2) the court finds the modification is in the child’s best interest. While a request from your child for additional visitation time with you may carry some weight with the court depending on your child’s age and maturity, a court will also want to know how your child’s best interests and welfare will be bettered and improved by the change. Your family law attorney can help you present the factors and arguments that would support an order modifying a parenting plan.
Contact the Ontario, CA child visitation attorneys of Schwartzberg | Luther, APC today for assistance in exercising your rights. Contact the firm today by calling (909) 457-4270 to discuss your circumstances and goals.