STOCKTON Child Visitation Lawyer

A divorce can mean a great loss to a child accustomed to living with two parents. It is important for children, in most situations, to know and have an ongoing relationship with both parents, assuming that both are capable of providing a safe environment for the children during the time when they are together. In California, the law favors allowing “frequent and continuing contact” between the non-custodial parent and the children of a divorced or unmarried couple. The exception would be if allowing visitation with the non-custodial parent would be harmful in some way, or “detrimental to the best interest of the child.” In the absence of any compelling reason to deny it, the non-custodial parent is entitled to “reasonable visitation.” Contact an experienced Stockton based child visitation lawyer with any legal questions or concerns.

Ideally, the parents will be able to agree on an appropriate visitation schedule themselves. If not, the court will assume that responsibility.

A court will take into consideration the child’s age, special needs, and maturity, along with how much travel is required and, in an older child, the child’s own preference.

When faced with a dispute over appropriate visitation time, the Law Office of Jennifer A. Niemeyer family law attorney can be an invaluable resource to help negotiate a solution outside of court or make a strong argument to a judge.

As children get older, they may have strong opinions about whether or not they wish to visit the non-custodial parent. With younger children, it is expected that the custodial parent will enforce visitation as ordered by the court; failing to do so could result in a contempt of court order. This is not necessarily so with a teenager who has other plans and refuses to honor the visitation schedule. The courts generally recognize that after a child reaches a certain age, it may be beyond the ability of the custodial parent to force visitation when faced with a recalcitrant teen.

Even during visitation, a parent with legal child custody retains the right to make important decisions about the child’s upbringing, not the parent the child is visiting, except when the two share joint legal custody.

These situations can be extremely contentious and their outcome will often have a significant effect on the parties. Your attorney will help to negotiate an agreement that works for all concerned; otherwise, the court will decide, and the result may not be the one you want. Having the Law Office of Jennifer A. Niemeyer on your side can be extremely beneficial in coming to an agreement outside of court, or in arguing for your preferred solution before a judge that the change you’re requesting is in the children’s best interest.

Visitation is often the most contentious issue in a divorce or legal separation. Don’t face it alone. The experienced, knowledgeable, and compassionate attorneys at the Law Office of Jennifer A. Niemeyer in Stockton understand the difficulties you are facing and can assist you in making a case for a solution that works for you and your family. Don’t take the battle on alone. Call the Law Office of Jennifer A. Niemeyer and arrange an appointment for a consultation to learn how we can help.