Types of Visitation in California
What California judges consider in granting one of four kinds of visitation.
- 4 min read
- custody
- family law
When parents divorce or separate, part of their split involves determining a custody schedule for their shared children. Many child custody cases result in one parent being designated as the custodial parent and the other as the non-custodial parent. The parenting plan created during the separation includes a visitation schedule, also called parenting time, that dictates how each parent spends time with their children after the separation.
While all child custody decisions focus on the children's best interests, the possible outcomes depend on your state's laws. Each state's court system and judicial branch outline specific child custody and visitation processes. There's a general overlap in most policies, but some states have more focused goals outlined in their child custody laws. California is one such state because it emphasizes the importance of the child's best interests.
According to the California Courts, judges consider these factors in determining the child's best interest in a petition for custody and support:
- The child's age and overall health
- The emotional ties between the child and their parents
- The child's ties to their home, school, and community
- Each parent's ability to care for the child
- Any history related to family or domestic violence
- Either parent's regular and ongoing substance abuse
Once a judge decides on a child's best interest and considers all other relevant information, they can grant one of four kinds of visitation to co-parents. Learn about the four types of visitation in California.
1. Visitation with a schedule
Because children benefit significantly from consistent co-parenting in many ways, California judges often do what they can to grant a parenting time order that depends on a schedule. Parents can work together or with a family law attorney or mediator to create a mutually agreed-upon plan, which is enforceable once the courts approve it. By creating and sticking to a detailed visitation schedule, parents and children can worry less about making plans and enjoy spending time with each other more.
A detailed schedule should outline how time is divvied up for each parent on:
- Normal weekdays and weekends
- Summer break months
- Birthdays
- Holidays
- Special occasions
- Vacations
2. Reasonable visitation
As its name suggests, a reasonable parenting time order grants the non-custodial parent the right to spend a fair amount of time with their children. Instead of requiring a court-approved schedule, the judge leaves it up to both parents to define that reasonable amount. This mostly open-ended agreement can range from simple to highly detailed, and it often works best in situations where parents can communicate respectfully and proactively.
This unrestricted arrangement provides flexibility for busy kids and parents with inconsistent work schedules and promotes ongoing cooperation between parents. However, it can be a significant source of contention when parents begin to disagree or commit parenting time failures. Co-parents in high-conflict situations are unlikely to have this type of visitation awarded. On the other hand, parents who eventually overcome struggles with communication may find reasonable visitation a more beneficial solution.
3. Supervised visitation
In cases where a parent or family member's actions negatively affect a child's health, safety, and well-being, judges may order supervised visitation for the non-custodial parent. It may also be ordered when a child and a parent do not have a preexisting relationship and need time to get to know each other. Supervised parenting time in California must be conducted in a specific circumstance determined by the judge. Failure to follow the guidelines set in the parenting plan can result in no visitation. In contrast, consistently positive visits may result in a less-regulated schedule being granted.
Supervised visitation may include requirements that address:
- If visitations must take place in a dedicated facility
- What alternate locations are suitable for visits
- How long each visitation session lasts
- When and how frequently visits can occur
- Whether a third-party provider must be present
- Whether a friend or relative can serve as a monitor
4. No visitation
Judges in California may order no visitation when they determine that contact with non-custodial parents, even with supervision, is a physical or emotional danger to the children and detrimental to their best interests. While it can be ordered in an initial petition for custody and support, no visitation can be implemented later if a parent deems it necessary. Co-parents who wish to stop visitation must bring evidence to court that supports their claims.
Parents who believe their children are in immediate danger from the non-custodial parent can seek emergency custody or contact local law enforcement. To ensure proper procedures are followed, the custodial parent must file an ex parte order or work with the appropriate authorities. If the non-custodial parent has visitation rights, keeping your child away from them can constitute custodial interference or parental kidnapping, which can bring both civil and criminal consequences.
How TalkingParents can help California co-parents
Whether you and your co-parent can work together to create your visitation schedule or are required to conduct supervised parenting time, keeping track of your parenting time can be challenging. When adding this layer to everything you need to do to manage your co-parenting situation, there are many different responsibilities to track and uphold. A co-parenting communication service can be a helpful asset for parents who want a more organized and accountable shared parenting experience.
With TalkingParents, co-parents can leverage a practical, all-in-one tool that addresses every angle of shared parenting. Once your custody agreement and visitation schedule are finalized, the Vault can securely store a copy of your court-ordered document and other important files to reference at any time. You can add and change your visitation schedule in the Shared Calendar to ensure you and your co-parent are always on the same page, and communicating short-notice changes is more manageable through Secure Messaging.
In addition to helping you manage your visitation schedule, TalkingParents offers unique ways for co-parents to keep in touch with their kids. If you and your co-parent want to supplement in-person parenting time with virtual visitation, your child can use video calls in Accountable Calling to stay in touch with both parents. With these features and many more, co-parents in California and worldwide can navigate shared parenting with confidence and peace of mind.