Orange County Child Visitation Attorney
Divorce is almost always emotionally and legally difficult, and when children are involved, the difficulty increases considerably. Property division and spousal support issues must be resolved during a divorce, but if you have a child with your ex-spouse, you will also have to hammer out a child custody arrangement. Under California law, in almost all cases, a parent will be granted reasonable visitation rights with his or her child after a divorce. When joint custody is the agreed-upon custody arrangement, there’s seldom a dispute regarding visitation privileges, but when one parent has been awarded the sole custody of a child, disputes sometimes emerge regarding visitation rights, and most of those disputes are inevitably settled by the courts.
If you are seeking, contemplating, or anticipating a divorce in southern California and you are concerned about your children and your visitation rights, or if you need to have a court’s current visitation orders modified or enforced, it is imperative to have the sound advice and quality legal representation that an experienced Orange County child visitation attorney with the Bayati Law Group can provide.
Family law in the state of California presumes that both parents in a divorce proceeding have equal parental rights. Custody and visitation arrangements are ordered or agreed upon during the divorce procedure (or as part of a legal separation). If parents cannot reach their own agreement, the court dutifully considers the family’s individual situation regarding work schedules, schooling, transportation, and related concerns, but a California court’s overriding concern will always be the best interests of the child or children. If you are going through a divorce, speak to an Orange County child custody attorney as soon as possible.
WHAT DOES THE LAW REQUIRE?
Whether the parents have agreed on a parenting and visitation plan or the court has imposed one, a formal visitation agreement or parenting plan is required by law when the parents of a minor child or children divorce in the state of California. Child custody and visitation agreements are not set in stone. If an issue arises after the agreement has been made, modifications can be made to adjust the terms of the visitation and child custody. Family courts in California encourage parents to cooperate in the creation of that parenting plan. The Orange County divorce attorneys at the Bayati Law Group can help families create a parenting and visitation plan that includes:
- Sufficient specificity so that the interpretation of the plan is not in dispute
- Giving children time with both parents, including overnight stays, vacations, and holidays
- Providing children with a sense of stability and security
- Providing for each child’s needs, even if that necessitates separate plans for each child
To craft an effective parenting plan that works well for both parents and for their children, it is always best if divorcing parents can take a conciliatory approach to settling their divorce-related disagreements and finding solutions to issues. It’s probably helpful to maintain the attitude that you are intentionally working on behalf of your children. An experienced Orange County child visitation attorney with the Bayati Law Group can help you negotiate an acceptable parenting plan and visitation schedule, but if a reasonable agreement with your child’s other parent cannot be achieved, we will advocate on your behalf in court.
Subsequent to a divorce, if you want more visitation time with your children to strengthen your relationship, the first step is to take full advantage of the time you already have. Don’t miss any visits. That’s the takeaway lesson from a recent decision handed down by California’s Third District Court of Appeals. The judges clearly explained that missing scheduled visits – or exhibiting erratic behavior during visitations – can put a parent’s visitation privileges in jeopardy.
IF YOU BELIEVE YOUR CHILD IS AT RISK
If you believe that your child is at risk while in the physical custody of your child’s other parent, you must bring witnesses and evidence to that effect before the court. When child abuse or domestic violence can be proven, a California court will act immediately to protect a child. If you suspect or can prove child abuse, bring your case to the Bayati Law Group at once. We fight every day for justice on behalf of parents and their children.
The lawyers at the Bayati Law Group also represent parents who have been granted visitation privileges by the court, but the other parent is preventing those visitations from taking place. We are seasoned and experienced family law attorneys who have successfully represented scores of parents in Orange County and across southern California. We provide reliable legal advice and dedicated, aggressive representation through the entire process of establishing child custody, visitation, and child support agreements. Our attorneys make certain that our clients – and their children – are treated justly and receive every appropriate legal consideration.
WHAT IF YOU’VE BEEN CONVICTED?
If you’ve been convicted of a domestic violence charge, you may have a genuinely tough time winning visitation privileges. A domestic violence conviction can prevent you from seeing your child, from obtaining spousal support, and it can even lead to a restraining order being filed against you. If there’s any way at all, you must avoid a conviction for domestic violence if you want visitation privileges with your child or children.
Additionally, any recent convictions for theft, burglary, drug possession, or other crimes of violence will almost certainly keep you from seeing your child, and the courts in California will probably deem you a danger to your child if you have a history of serious felonies. Adhering to the terms of your probation – and avoiding more arrests and convictions – is imperative if you want to have any chance of seeing your child in the future.
If you’ve already been convicted of a domestic violence charge, comply with the terms of your probation, and attend and complete the domestic violence classes. When you are given a certificate of completion, you’ll have something to show a judge that can probably help your case. After a conviction for domestic violence, judges in California family courts typically will not let you visit your child before you complete the domestic violence classes. In some cases, you may be able to request a modification after you have completed the classes.
KNOWLEDGEABLE, EXPERIENCED FAMILY LAW ATTORNEYS
Nothing is more important than your child or children, so only work with a lawyer who has experience representing clients in these cases. If you are on either side of a visitation dispute, if you need immediate representation regarding a visitation plan or visitation privileges, or if you simply need guidance and legal advice to help you plan for the future, an experienced Orange County child visitation attorney at the Bayati Law Group is available to discuss the full range of your legal options and to help you make the right decisions for yourself and your family.
Every client and new prospective client of the Bayati Law Group is treated with complete respect and is extended every possible professional courtesy. It is our policy to return every client phone call and email promptly to ensure you receive the services you need. Please schedule a consultation appointment to speak with an experienced Orange County family law attorney at the Bayati Law Group by calling (949) 798-5700. Or, you can complete the online form on the contact page of this site, where you will also find a map with directions to our office. The Bayati Law Group represents clients in all matters of family law in Orange County and throughout southern California.