If you are the legal guardian of a child in California, you have the right to visitation with that child. However, there are some circumstances where the other parent may try to deny you those rights. If this happens, you can take steps to get more visitation time with your child.
What Are Visitation Rights As A Guardian In California
In California, legal guardians have the same visitation rights as parents. That means you can visit your child whenever you want, as long as it does not interfere with the other parent's visitation schedule. If you and the other parent cannot agree on a visitation schedule, the court will create one for you.
The court will also decide how much visitation you should have with your child. This will depend on many factors, including the child's age, the relationship between you and the child, and the relationship between you and the other parent.
If you are the child's primary caretaker, you may have more visitation than the other parent. However, if the other parent is more involved in the child's life, you may have less visitation.
It is important to remember that even if you are the legal guardian of a child, the other parent still has rights. That means you cannot stop the other parent from seeing their child if they have a court-ordered visitation schedule.
You should speak to an attorney if you have any questions about your visitation rights as a legal guardian.
What Happens If The Other Parent Tries To Deny You Visitation?
If you are the legal guardian of a child in California, you have the right to visitation with that child. Unfortunately, there may be occasions when the other parent tries to hinder those rights. If this does occur, fortunately, there are steps you can take to get more time with your child.
- The first step is to contact the other parent and explain that you would like to have more time with the child. If they are agreeable, you can work out a schedule between you. However, if they are not agreeable, you will need to take legal action.
- The next step is to contact an attorney. An attorney can help you to file a petition with the court. This petition will request that the court order more visitation time for you as the guardian.
- When filing this petition, it is essential to keep in mind that the court's main focus will be on what is in the child's best interest. Therefore, you will need to provide evidence that more time with you is in the child's best interest. This might include evidence that the child is not doing well in school or that they are having behavior problems.
- The court will then hold a hearing on the matter. At this hearing, you and the other parent will have an opportunity to present your case. The court will then make a decision based on the evidence that is presented.
- The court will then decide how much visitation you should have with the child. The court will also decide when and where the visits will take place. In some cases, the court may order that the visits occur in supervised settings, such as at a visitation center.
- If the other parent continues to deny you visitation, they may be held in contempt of court. This means they can be fined or even jailed.
You should consult a lawyer if you're having difficulties obtaining access to your child. An attorney can assist you in understanding your rights and getting the visitation time you require.
What Factors Will The Court Consider When Determining My Visitation Rights
There are many factors the court will consider when determining your visitation rights. Some of these factors include:
- The age of the child
- The child has a strong relationship with you and enjoys spending time with you
- The relationship between you and the other parent
- The child's preference (if the child is old enough to make a decision)
- The distance between you and the child
- The child's school schedule
- The child's extracurricular activities
- The work schedule of the parents
- The custody arrangement
- You can provide a stable home environment for the child
- You can meet the child's physical needs
- You can provide a safe and stable environment for the child
- You can meet the child's emotional needs
- You can provide financially for the child
This is not an exhaustive list. The court will also consider any other relevant factors in the case.
If you have any questions about what factors the court will consider, you should speak to an attorney. An attorney can help you understand how the court makes its decisions and can help you get the visitation time you deserve.
What Happens If The Other Parent Moves Away With The Child
If the other parent moves away with the child, you may still be able to get visitation. However, it will likely be more difficult. They will need to file a petition with the court asking for permission to move.
The court will then consider many of the same factors as if you were asking for more visitation. The main difference is that the court will also consider the distance between you and the child. If the distance is excellent, it may be difficult for you to have regular visitation.
If the court allows the other parent to move away with the child, they will likely order you to have visitation by telephone or video chat. They may also request that you have more extended visits when the child is on school breaks.
Can I Appeal A Decision Made By The Court Regarding My Visitation Rights
If you disagree with the decision made by the court, you have the right to appeal. You will need to file a notice of appeal with the court. You will then need to file a written argument with the court explaining why you believe the decision is wrong. They will then review the case and make a decision.
You should speak to an attorney if you are considering appealing a decision. An attorney can help you understand the appeals process and can assist you in filing the necessary paperwork.
Appealing a court decision is a complex process. It would help if you did not try to do it without the assistance of an attorney.
Contact A Reputable Child Custody Attorney Today
If you have any questions about your visitation rights as a guardian in California, you should contact a reputable child custody attorney today. An attorney can answer your questions and help you understand your rights. They can also assist you in getting the visitation time you deserve.
Quinn & Dworakowski in Orange County, California, is a full-service family law firm helping families for years. We have experience with all child custody cases, including guardianship cases. Contact us today to schedule a consultation.
This article is meant to be informative and not legal advice. You must speak to an attorney if you have questions about your situation. An attorney can also assist you in filing for more visitation time or appealing a decision made by the court. Contact them today.
