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CA family lawyerYou may be limited to just a few hours every couple of days, or an overnighter on the weekends, but this time with your child will go a long way in cementing your relationship with them and creating or maintaining a bond that will last a lifetime. A parent who has just gone through divorce and was awarded visitation time only, rather than shared custody, may lament the court’s decision, but it is important to keep a positive attitude for your child and to maximize the quality of time that you do have with your son or daughter. A San Jose child visitation and custody attorney can help you with visitation or custody and can offer suggestions on what to do with your child, how to make a plan, and other questions you may have.

Make a Schedule and Keep To It

According to the Centers for Disease Control and Prevention (CDC), the building blocks for structure are consistency, predictability, and follow through. Structure is important for children—so important, in fact, that the CDC, recommends creating structure in the following ways:


California family law attorney, California custody lawyerWhen it comes time for a judge to determine custody and visitation rights, the child’s (or children’s) well-being takes priority. The court will always choose in favor of the child’s physical, mental, behavioral, and emotional well-being, and custody and visitation will be granted accordingly.

It can seem entirely unfair for a mental health disorder to determine whether or not a parent will be able to visit their child on a regular basis, but that is often one of the factors that the court considers. After all, parents who suffer from certain mental illnesses pose a potential threat to their children’s mental and emotional well-being, according to various research outlined by the Institute for Family Violence Studies under FSU's College of Social Work.

The determining factors of visitation rights are often based on the non-custodial parent’s:


child custody modification, San Jose child custody lawyerThe only thing that is constant when it comes to children or life, in general, is change. Sometimes situations with your child change so much that a custody or visitation order in place with your co-parent no longer fits the current circumstances. Luckily, California law allows parents to seek modification of custody or parenting orders.

Seeking Child Custody Modification in California 

There is not a set time limit after a custody order has been issued before you can seek a modification. The law, however, does require that the party seeking modification prove that there has been a significant change in circumstances before the court will consider the request. Getting the court to hear a modification request is just the first step in the process. Before the court grants you the changes to the order, you will have to demonstrate that the changes are in the child’s best interest.

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