When a divorce occurs or unwed parents break up, California law provides for both parents under most circumstances to retain rights to child visitation. Making sure that child visitation agreements are spelled out clearly and are enforceable under the law often requires legal action. California child custody enforcement is often handled in a more expedient fashion if a court order backs up an agreement.
When Child Visitation is Granted
California child custody orders are typically granted during court hearings surrounding a divorce proceeding. In many cases parents will be given joint custody or one parent will serve as a custodian while the other retains child visitation rights.
While a clear and enforceable agreement is typically established during divorce proceedings this is not always the case. An agreement should define which parent has visitation rights on what days of the week and during holidays and vacations.
There are circumstances when California child custody law will grant one parent sole custody with no visitation for the other parent. This occurs mainly in cases where one parent has been proven abusive or unfit. Even in this circumstance, however, the parent may come back to the court system at a later time to request an alteration to a custody order.
When a Parent Denies Custody
While a California child custody agreement may spell out visitation rights for the noncustodial parent, it is not unheard of for these rights to be withheld by the custodial parent. Some former spouses, for example, may seek to withhold visitation, going against a California child custody order, if child support has not been paid. In other circumstances, one parent may withhold visitation from another simply to cause strife. In both cases, the withholding of visitation is considered a violation of the law if a court order is in place.
Noncustodial parents that have been granted visitation by court order cannot have their visitation withheld by anyone other than a representative of the courts. These parents have a right to request enforcement of the California child custody order through the courts. In this circumstance, the parent that is withholding visitation may be found in violation of the court order and may be instructed by the courts to uphold the agreement or face further legal ramifications.
Getting Legal Help
California child custody is a complex issue that often requires legal assistance to handle. If court ordered custody and/or visitation have not been established, a parent will need to seek this type of ruling to ensure unhampered visitation. A reputable California child custody lawyer can help ensure a parent’s rights to see their children are protected.
