Board Certified Family Lawyer Advises Clients About Visitation Rights
Effective decisions require collaboration between the client and an experienced visitation attorney
Perhaps the most important task for couples when dissolving a marriage is creating a parenting plan. A parenting plan includes decisions about custody and visitation. It is often a highly charged, emotional interaction between two people who think they know what is best for their children. While some couples try to resolve visitation and custody matters without assistance, hiring a visitation attorney with counseling experience makes the process run more smoothly.
The difference between custody and visitation
In family law, custody is a determination of how the parents will handle the physical custody and legal custody of the children. In other words, custody determines who makes the decisions about the children and where they will live. Visitation, on the other hand, deals with how the parents share time with the children after divorce. Santa Barbara attorney Glenn L. Robertson has been counseling clients in Santa Maria, Lompoc, Carpinteria, Summerland, Ventura and the surrounding communities for over 20 years.
Types of orders
Visitation orders vary greatly depending upon the circumstances of the family. Generally orders fall into four categories:
- Scheduled visitation
- Reasonable visitation
- Supervised visitation
- No visitation
Scheduled visitation is just as it sounds: the order includes a detailed schedule of when the children will be with each parent. It usually includes special occasions, vacation, holidays, and other important family days. The advantage of this type of order is that both the parents and the children know exactly when the children visit; there is no confusion, so the family can plan accordingly.
Reasonable visitation is an open-ended arrangement. The parents work out the details in an on-going basis. This type of order only works if the parents are amicable and cooperative. The need for flexibility is the driving force in this arrangement.
Supervised visitation orders arise when there are concerns about the children's safety or welfare due to the non-custodial parent's behavior or relationship with the children. The supervisor may be the other parent, a professional, or a non-professional supervisor.
No visitation is the most extreme of the orders. A court might order no visitation if the court has concerns that visitation would result in physical or emotional harm to the children.
Contact a certified family law specialist to discuss your visitation matters
Make sure you are getting the most out of your visitation rights. Contact the office of Glenn L. Robertson online or at 805-963-3535 for a consultation. Evening and weekend appointments at his Santa Barbara office are available upon request.