California child visitation laws are independent of other state laws. Each state has it's own divorce and child custody statutes. Some of them are similar, but you must look to local law to determine how your case is likely to be handled.
California Law Regarding Child Visitation and Divorce
California has a unique law which requires that judges consider joint custody in divorce cases where it is appropriate as a first option. The court does not have to grant joint custody, but it does encourage judges to do so. Visitation rights are part of a custody arrangement when one parent is considered the custodial parent. Visitation can be on weekends, certain days of the week or certain times of the year depending on where the parties are living and other considerations.
Under California law, if a custodial parent decides to move to another metropolitan area despite the fact that it may deny the other parent the ability to visit with his or her children as provided by court order, the court generally will allow the move. The court will not allow such a move if it is determined that the only reason for it is to deny the other parent of his or her rights to visitation. However, most other reasonable justifications will be permitted.
Once visitation has been established in a divorce case, that does not mean the issue is closed forever. Either party to the divorce has a right to ask the court to revisit the arrangement by petition. If circumstances of one or both parents change, warranting a change in custody arrangements, then the court has the right to change the order under California law.
Getting Legal Help
A California family law attorney can help you fight for your child custody rights in your divorce case. Custody disputes can be difficult on all parties involved. Having a lawyer handle your case can help by diffusing some of the emotions divorce often causes. An attorney will help you plan how to handle your case, whether it be in court or out of court. If your spouse is agreeable, you may be able to retain some control over the outcome of your child custody arrangement by keeping it out of court. Your attorney can help you assess whether this is a viable option when you review the facts of your case during an initial consultation.
