Law Office of Joseph P. Downs
Orange County, CA - Practice Dedicated to Divorce, Child Custody, Child Support and Visitation. (714) 538-3730
CHILD VISITATION
Visitation -- also commonly know as "time-share" -- is the compliment to child custody. When primary physical custody is award to one parent, the other custodial parent will usually have some type of court ordered time-share privilege. The court has a responsibility to allow visitation privileges to a parent unless the visitations are deemed detrimental to the children. These privileges vary from cases to case, depending on all kinds of factors, and sometimes can be the single most contested issue in a divorce.
Initially, the court expects the parents to come to an agreement by themselves regarding visitation privileges and procedures. Court involvement transforms an already difficult process into a far more invasive, complex, and expensive one. Only after the parents have demonstrated that they cannot come to an agreement by themselves -- or with the help of an appropriate mediator -- will the court involve itself and make a ruling on the issue.
Cases that involve accusations of domestic violence or abuse are especially difficult. Such accusations can result in "monitored visitation" whereby a parent may spent time with the children only under the supervision of a court-approved monitor. Unfortunately, in these cases, it is often up to the accused parent to prove that he or she has done nothing to warrant such an infringement of his or her parental rights.
An order regarding time-share sometimes includes a specific set of guidelines that each parent will be expected to follow regarding the transfer of the children. In cases where one parent is in a location that he or she wishes to remain confidential, such as a shelter for domestic violence victims, the court will take steps to insure that the parent's residence will remain confidential. For example, by having the transfer of custody take place in a safe, neutral location such as a local police station.
Time-share is a very important consideration in most dissolutions. This is true not only because time-share determines the time spent by each parent with the children, but also because time- share has a major impact on the amount of child support awarded. Proper legal representation can help protect your rights.
