Family Law Child Visitation Attorney San Jose

Child Visitation Matters

As part of a divorce mediation or litigation, there will be child custody issues worked through when the couple has children.  However, this does not necessarily fully and completely end all possible disputes or discussions about future visitation rights.  Child visitation, sometimes referred to as "parental access," is generally awarded in situations where custody has been determined by the court.  Grandparents, siblings and in some cases non-relatives may petition for visitation rights, and unless there are extenuating circumstances, a non-custodial parent always has the right to reasonable visitation with the child.  The standard of measure used to determine child visitation issues, as is with many other issues in a divorce proceeding involving children, is what is in the best interest of the child.  A San Jose divorce lawyer can help you if you have further questions or needs surrounding child visitation requests.

Generally the courts will encourage access to children unless there has been a history of physical abuse, sexual abuse, or substance abuse.  Even with this history, a judge may allow supervised visits, and it is only in very extreme situations that the court will deny visitation rights altogether.  Parents are generally encouraged to work out their own visitation schedule, unless the assistance of a court-appointed law guardian is needed to work through irreconcilable differences or some of the extenuating circumstances mentioned above.  In most cases, child visitation proceedings will be much less extensive than custody proceedings, though in cases with issues of past abuse, this may not hold true.

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