San Luis Obispo Child Visitation Lawyers
When one parent has primary physical custody, the non-custodial parent has the right to participate in the life of his or her children. However, people may need to hire a San Luis Obispo child visitation lawyer to assert or contest these rights.
Hosford & Hosford has over three decades of experience helping parties resolve child visitation issues and, when necessary, representing clients before the court. We work with diligence and compassion, answer questions honestly, and try to conclude matters as quickly as possible.
Learn more below about child visitation and our legal services.
The Role of the Court in Child Visitation
The California Family Code seeks “frequent and continuing contact” with the children by both parents, including after a divorce. Typically, the law also encourages people to arrive at a mutually agreeable custody and visitation arrangement.
Courts make efforts to achieve both of these goals. As an example, California judges will usually require mediation before they will hear a request to modify visitation. Hosford & Hosford can offer legal advice to clients prior to, and after, court ordered mediation through family court services.
In addition, San Luis Obispo clients can hire our child visitation lawyers as their personal legal counsel during mediation. Our aim in settlement discussions is to reach an arrangement that provides the best outcome for you and your children. Throughout the process, we will offer you a realistic assessment of your case and try to bring you and the other party to a fair agreement.
Child Visitation Schedules
Typically in mediation, visitation schedules can be created by the parties if they agree. This gives children a more comfortable routine; allows the children to spend a generous amount of time with each parent; and helps to avoid ambiguity, which can lead to future litigation.
Hosford & Hosford usually advises clients in:
- Setting days and times for child visitation throughout the school year.
- Planning a summer visitation schedule.
- Determining the parent with whom the child will spend birthdays and holidays. Generally, parents alternate years.
If the parties reach an impasse regarding visitation, mediation through family court services is mandatory and we can help with every step. Occasionally, the visitation schedule needs to change to accommodate the parents’ work schedules, children’s school requirements, and other issues that come up. Changes can again be made through agreement of the parties, or through court order after mediation.
Litigating and Modifying Child Visitation Rights
If you and the other party cannot come to an agreement on child visitation issues, it may be necessary to litigate. Hosford & Hosford will develop a strategy for your case, prepare you for hearings, and assert your rights before the court.
At any time during divorce proceedings, even if a court enters a final judgement, either party can request a move away order. Parties to a divorce are generally precluded from moving a minor outside the area without a court order. For example, a custodial parent may want to move the children out of San Luis Obispo. Hosford & Hosford’s child visitation lawyers can help you create certain accommodations to maintain frequent and continuing contact.
If you are the custodial parent moving away, or the non-custodial parent and your child will be farther from your home, extended visitation periods on school breaks may be appropriate, apportioning the burden of transportation should be considered, and creating a reliable schedule for regular video and/or telephone calls can help each parent maintain frequent and continuing contact with the child.
If both parties are not in agreement with the child moving outside the area, you need to to speak with a lawyer as soon as possible.