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CALIFORNIA FAMILY LAW CHILD VISITATION
FAMILY PRACTICE SACRAMENTO - FAMILY ATTORNEY CALIFORNIA
California Child Visitation
In making a custody order between the parents, the court must also grant the other non custodial parent reasonable visitation rights. Because of the importance placed on frequent and continuing contact with both parents, an order completely withholding a parent's visitation privileges may issue only upon a finding that any form of visitation with the parent would be detrimental to the child's best interest. If the custody order does not provide for parent visitation rights but does not expressly withhold such rights, the non custodial parent has an implicit right to reasonable visitation.
In all cases, parental visitation orders must accommodate the paramount policy of assuring the child's health, safety and welfare and, to the extent consistent therewith, the policy preference for "frequent and continuing contact with both parents", except where such contact would not be in the child's best interest pursuant to the
Child visitation, often pursuant to a parenting plan, can take a variety of forms or schedules. Some common arrangements include some of the following provisions:
- Alternate weekend visitation with the non-custodial parent, including "three-day holidays"
- Mid-week visitation with the non-custodial parent
- Sharing of the child during periods of school recess -winter, spring and summer
- New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years (click here for a useful article on holiday visitations)
- Mother's Day with Mother, Father's Day with Father
- Alternate years on the child's birthday
- Open telephone contact by the parent who does not have actual physical custody of the child
- Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order
California child visitation laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney Gregg Anderson before making any decisions regarding your divorce matters.
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