San Jose Child Custody and Visitation Attorney
Experienced Family Lawyer Helping Clients in Santa Clara, Campbell, Milpitas, and Throughout the Bay Area
When joint custody has not been granted and, instead, one parent has primary custody over the child, the other parent – or other relatives like, for instance, grandparents – may be awarded visitation, as long as the court sees this visitation as being in the child's best interests.
Ideally, parents will agree on visitation schedules; when this happens, the courts will usually formalize the parents' agreement. Often, however, visitation matters are more contentious, particularly if they are part of a hostile divorce, which can make it necessary for the courts to step in and figure out visitation matters.
Determining Visitation: Factors the Courts Consider
Some of the specific factors that family courts will take into consideration when determining visitation schedules and rights can include (but are not necessarily exclusive to):
- Where the non-custodial parent or other relatives live (i.e., how far away do these parties live from the custodial parent/the parent with primary custody)
- Whether the non-custodial parent or other relatives have a criminal history and/or a history of addiction
- Whether the non-custodial parent or other relatives have a history of mental health issues and/or abuse or neglect.
Even if any of the above issues are factors in visitation proceedings, non-custodial parents and/or other relatives can still be awarded supervised visitation, as long as the family courts see this as being in the child's best interests.
Modifications of Visitation Agreements
As with child custody agreements, visitation agreements can be modified at any point in the future if or when the situation of either parent (or relative with visitation rights) substantially changes. Some of the specific circumstances that may warrant modifications of visitation agreements can include (but are not necessarily limited to):
- One parent (or the custodial parent or another relative) moving (regardless of whether this is substantially closer or farther away from the other parties)
- One parent not abiding by the visitation agreement
- The child's preferences as the child gets older/mature enough to express these.
San Jose Visitation Attorney
Whether you are preparing for or going through a divorce, there will be a number of sensitive, important issues that will need to be resolved, including matters related to visitation. What you need during this process are honest answers and accurate information from an experienced professional who will be committed to helping you resolve your case as favorably, efficiently and discretely as possible. You need a trusted lawyer who will be responsive to your concerns, who will keep you informed about the progress of your case and who will oversee your case at every stage of the given legal matter.
San Jose visitation lawyer Gemma V. Reyes represents people in California who are trying to work out or alter existing visitation agreements. Our trusted San Jose visitation attorney is vastly knowledgeable about California family law and is proficient at helping her clients get the best possible outcomes to their cases.
Let's Discuss Your Case – Contact Us Today
To discuss your needs with a lawyer who has more than 20 years of experience, call us at 408-292-6289 or send us an e-mail to schedule an informative initial consultation.