Redlands Child Custody Lawyer

Types of Visitation (Time-Share)

Visitation addresses how the parents will share time with the child. The noncustodial parent will usually be granted visitation with the child if such an arrangement is in the child’s best interests (below). There are several types of visitation orders based on the circumstances:

• Visitation according to a schedule: This involves a detailed visitation plan to prevent conflict and confusion. The parents and courts will come up with a visitation schedule detailing the dates and times that the child will be with each parent. The schedule can include holidays, special occasions (birthdays, Mother’s Day, Father’s Day, etc.), and vacations.
• Reasonable visitation: This does not necessarily detail when the child will be with each parent but will instead be open-ended. This plan works only if parents get along well and can be flexible and communicate well with one another. 
• Supervised visitation: This is used when the child’s safety and well-being require that visits with the noncustodial parent be supervised by another adult or a professional agency. Supervised visitation may be used in cases where a child and a parent need time to become more familiar with each other, like if a parent has not seen the child in a long time.
• No visitation: This is used when visiting with the parent, even under supervision, would be physically or emotionally harmful to the child, such as if the parent has a history of domestic abuse.

Understanding Visitation in San Bernardino County

Navigating visitation arrangements can be particularly challenging for families. Parents often face pain points such as communication barriers and differing parenting styles, which can complicate visitation agreements.

If you're facing challenges related to visitation, whether it's establishing a schedule or addressing concerns about supervised visits, local legal resources are available to assist you in navigating these complex issues. The San Bernardino County Family Court provides essential guidance for parents seeking to establish visitation plans. The San Bernardino County Department of Children and Family Services offers resources to help parents improve their co-parenting skills and ensure children can maintain healthy relationships with both parents. Additionally, local support groups can provide a platform for parents to share experiences and strategies for effective visitation.

It's important to remember that the court's primary focus is the child's well-being. Factors such as the child's ties to their school, friends, and community in San Bernardino County will be considered when determining visitation arrangements.

For personalized legal support tailored to your family's needs, reach out to the Law Offices of Kimberly Prendergast. We understand the unique challenges parents in San Bernardino County face and are committed to helping you achieve a visitation arrangement that fosters a positive relationship between you and your child.

What Age Can a Child Refuse Visitation in California?

In California, children cannot refuse visitation until they reach adulthood (18 years of age) or otherwise become legally emancipated. Both parents must follow custody arrangements until the child is emancipated at 18 or the schedule is otherwise modified. The custodial parent is susceptible to harsh legal penalties if the agreement is violated. 

Factors Influencing Child's Best Interests

When deciding on the custody and visitation arrangement, the court will act according to the best interests of the child. 

This includes factors such as:

• the age of the child;
• the health of the child;
• the emotional ties between each parent and the child;
• the ability of the parents to care for the child;
• any history of family violence or substance abuse; and
• the child’s ties to school, home, and their community.

At What Age Can a Child Decide Custody in California?

In California, children at least 14 can express their preference for which parent they want to live with. The courts consider a child's preference when they are "of sufficient age and ability to voice an intelligent opinion on custody or visitation." 

Understanding Move-Away Rights in Custody Cases

A custodial parent has the right to change residences or move neighborhoods with a child as long as the move will not interfere with the child's best interests. Under California law, the moving parent must provide written notice of any plan to move away with the child for more than 30 days. The notice should be sent at least 45 days before the proposed move to allow both parents to work out a new custody or visitation agreement. The nonmoving parent has the right to file an objection to the proposed relocation and ask a court to modify custody as a result. Evidently, move-away cases can grow quite lengthy and complex if a parent objects.

Nonetheless, the court will look at several factors to determine if a change in custody due to relocation is appropriate, including:

• the child's need for continuity and stability;
• the distance of the proposed move;
• any harm that would result from a change in custody;
• the child's relationship with both parents;
• the parents' relationship with each other, including the ability to communicate;
• any harm to the child's relationship with the nonmoving parent;
• the custodial parent's reasons for moving;
• the child's emotional, physical, and educational needs and how they will be met by the move;
• the child's extended family relationships in their present community and new location; and
• any other factor the court deems relevant to the child's interests.

For legal support in any stage of your child custody dispute, whether you are in the initial stages of your custody battle, intend to move away with your child, or seek to modify an existing custody order, reach out to the Law Offices of Kimberly Prendergast. We are sensitive to your needs as a parent and will tailor a legal strategy that is unique to your goals. Let’s help you preserve your parent-child relationship today. 

Schedule a consultation with the Law Offices of Kimberly Prendergast online to get started. Serving parents throughout San Bernardino County.