Custody and Visitation Rights Following a Divorce

Going through a divorce can be a stressful and emotionally traumatic experience – both for the spouses and for the children. Knowing the rights you will have for custody and visitation of your children is very important in navigating your divorce. The following is a brief primer on how California law deals with custody and visitation rights. For more information, contact a West Covina family lawyer at Daniel V. Cota & Associates, P.C. at (800) 351-6860.

The following are some general principles to be cognizant of for custody:

• Parental equality – a determination of custody begins with the simple principle that each parent is entitled to equal rights of custody.
• Right to contract – parents are entitled to contract with each other to stipulate away their parental rights, though this is subject to the approval of the court.
• Public policy – the public policy of the State of California, when determining custody, is the health, safety, welfare and best interests of the child. Therefore, these considerations will be of the utmost import to the court when determining custodial rights. What constitutes the best interests of the child will largely be within the purview of the court, but having a West Covina family lawyer can help you present the best case before the court.

The following are some general principles to understand in terms of visitation rights:

• Constitutional interest – both parents and children have a recognized constitutional interest in visitation, as it is a critical component to caring for and raising a child. This means that a court must grant reasonable visitation rights to a parent, unless such visitation is not in the best interests of the child.
• Denying visitation – if one parent seeks to deny visitation rights to the other parent, the parent seeking the denial has the burden of proof. The parent seeking denial must prove that barring visitation is in the best interests of the child. If you are in a situation where your ex-spouse is trying to deny visitation, contact a West Covina family lawyer immediately.
• Limits on visitation – a court is entitled to place reasonable limitations on visitation, such as supervised visitation, detailed provisions regarding the transfer of the child or other reasonable restrictions on visitation rights.

The state grants you certain custody and visitation rights. Don’t let an aggressive spouse take these rights from you. You need a West Covina family lawyer like Daniel V. Cota in your corner. He prides himself on providing the best legal representation possible. Call Daniel V. Cota & Associates, P.C. at (800) 351-6860 for a FREE evaluation of your case.