As a custodial parent, planning around visitations and dealing with the other parent’s behavior can be a challenge. Minor arguments and misunderstandings are not reason enough to petition for a visitation modification themselves, but when they are accompanied by actions that threaten the child’s emotional, psychological, or physical well-being, it is time to speak with a San Jose visitation modification attorney.
Invalid Reasons for Revoking Visitation
There are many reasons why visitation can be limited or taken away by a judge, and they all revolve solely around what is in the child’s best interest. First, there are some invalid reasons for child visitation modification. By themselves, the following characteristics of a non-custodial parent do not make up valid reasons for taking away or limiting the other parent’s visitation rights:
- You do not like the other parent;
- The other parent is poor;
- The other parent uses foul language occasionally;
- You and/or the other parent have communicated poorly, resulting in schedule mistakes;
- The other parent is dating someone or has remarried; and
- The child got injured while playing under the other parent’s watch.
Top Reasons for Loss of Visitation
The following reasons could potentially result in the non-custodial parent losing their visitation rights:
- Child abduction (Taking the child somewhere without permission and against the parenting plan);
- Child abuse;
- Child abandonment;
- Sexual abuse;
- Substance abuse (alcohol or controlled substances);
- Child neglect (Failure to provide necessary clothing, food, shelter, medical or other care as per statute 270 – 273.75)
- Being charged with a felony.
- Chronically failing to adhere to the parenting plan;
- Willfully, or by neglect, seriously endangering the child’s well being in any other way; and
- If the other parent makes false allegations about you regarding substance abuse, abduction, sexual abuse, or child neglect/abuse.
Renegotiation Required Every Two and Two-Thirds Years
Even if there are no problems, California courts require parents to renegotiate portions of their parenting agreement once every two and two-thirds years. This can be a good time to put grievances out on the table officially and speak with a moderator to cause real change in the other parent’s ongoing behavior. Whether they are simply never on time or their parenting skills have shown to be lacking, a renegotiation of the parenting plan with a moderator and an attorney at your side may be just what is needed. More firm action can be taken by appearing in the courtroom.
Contact a San Jose Visitation Attorney
If the child’s non-custodial parent has failed to meet their duties set out by the parenting plan and has put your child’s emotional or physical health at risk, it may be time to take legal action. To find out more about your rights, contact one of the San Jose visitation modification attorneys at the law offices of Gemma V. Reyes today.