Child Visitation


A key issue in many divorces in Orange County and elsewhere is child visitation. The results-driven Orange County child custody attorneys at Brown|Dahan employ both compassion and experience to help you figure out the best custody and visitation agreement for your children. If no resolution can be reached with the other parent, we will be prepared to advocate for you before a judge.

To schedule a confidential consultation contact BROWN | DAHAN to discuss your matter further, please complete the “Contact Us” form or call  (949) 724-8857.

What Do Judges Look For When Granting Visitation Rights?

There was a time when a judge’s default decision was to give mothers custody of their children and permit a father only visitation rights. This is no longer the case. You can now ask for custody or visitation even if you were never married to the other parent, regardless of your gender. While parents may enter into custody and visitation agreements on their own, judges and mediators are often needed.

Judges and mediators try to find a plan that is best for the children, irrespective of what each parent might prefer. When trying to figure out what’s best for the children, judges look at how flexible each parent is and how willing each parent is to put the children’s interests above their own preferences.

The prevailing view is that children need both parents, and the parent most likely to get custody or generous visitation in many cases is the one who is able to encourage the children in their relationship with the other parent. Accordingly, it is important to encourage your children to visit their other parent, barring a serious issue like domestic violence or abuse. Ideally, neither you nor your former partner badmouths the other, or his or her partner.

Among other things, a judge will also consider the health, safety and welfare of the child, any history of abuse against a parent or child, and the nature and amount of contact with both parents.

If your spouse or ex-spouse has physical custody of the children, you should be sure to be on time picking your child up and keep every one of your scheduled visits. If you use corporal punishment on your child, or if you have in the past, it may be best to stop using this form of discipline.

Sometimes judges order “supervised visitation.” This means children may visit with a parent only if there is a neutral third party present. Some reasons for supervised visitation include these situations:

A parent and child learning about each other after there has been an absence or no previous relationship;
Allegations of substance abuse, child abuse, or domestic violence;
A parent who has a mental illness; or One parent has threatened to abduct the child.

The police and other law enforcement officers can help enforce your visitation rights, so long as you have a certified copy of the judge’s order. The person violating a visitation order can be found in contempt of court. If a custody or visitation agreement is not working, a family law attorney can help you ask the court for a modification. For example, if circumstances warrant increased visitation, which your former spouse does not want, you may be able to return to the judge and request a change.

These matters are highly complex, so couples seeking divorce should seek experienced legal counsel right away. Because divorce courts can determine how assets are divided, an experienced divorce lawyer can help you understand the process and ensure that your rights and finances are duly safeguarded during the process. We invite you to contact the divorce lawyers at Brown|Dahan to discuss your situation.

The knowledgeable Orange County family law lawyers at Brown|Dahan possess more than 40 years of collective experience successfully representing clients dealing with the difficulties of divorce and child visitation. We exclusively handle family law issues, and are dedicated to helping our clients advocate for the best interests of their children.

To schedule a confidential consultation contact BROWN | DAHAN to discuss your matter further, please complete the “Contact Us” form or call  (949) 724-8857.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with a Brown|Dahan attorney. For specific technical or legal advice on the information provided and related topics, please contact Brown|Dahan.