Kamis, 16 Mei 2013

Enforcing California Child Visitation Laws

By Antoinette Quinn


California child visitation problems becomes a court matter when the parents cannot come to an agreement on the parenting plan. Designed to ensure that each parent receives an adequate amount of time with each child, the laws are designed in the best interest of the family. Although each jurisdiction is governed by the same regulations, the parenting plan is only enforceable within the state.

In this state, when determining what is in the best interest of the children, the family court recognizes the parenting plan. The parenting plan is agreed on by both parents in regards to raising their children. Although there is a collective plan regardless of the number of children, it is designed to meet their individual needs. Some of the covered topics includes the amount of time that is spent with each parent as well as who will make a majority of the child-related decisions. Depending on the judge, the plan may also cover support issues.

The amount of time the children spend with each parent depends on several factors such as distance and the age of the minor. In most cases, the judge will not set a schedule unless the parents request it. When the parents are living more than 100 miles apart, the court may divide the holidays among the parents as well as the summer vacation days. Cases involving more than one state are the most complicated unless a ruling jurisdiction has been established.

Typically, visiting issues are resolved when custody and support matters are settled. During this process, the court assigns one parent primary custody. This means the children spend a majority of their time with that particular parent. The non-custodial parent is responsible for paying support even while the child is in their care. Although the non-custodial parent is not the primary caregiver, this parent still has the legal right to make certain decisions especially those concerning the children's educational and medical issues.

In California, grandparents do not have a legal right to the grandchildren; however, in some cases the judge will grant visiting rights. The grandparent and grandchild must have a pre-existing relationship. The grandparent's relationship must not interfere in the decision making parent's relationship with the children. Although the grandparents typically cannot apply for rights while the parents are married; there are certain exceptions.

Although the grandparent's relationship with the grandchild is not protected by the law, in certain situations the family court judge will allow the grandparent to file for visiting rights. Before asking for visiting rights, the grandparent must have a pre-existing bond with the grandchild. Their relationship must not interfere with the custodial parent's decisions concerning the children. While the parents are legally married, the grandparent cannot file for visiting rights.

Under the law, either parent can file for custody, support or visiting rights even while they are legally married. The grandparents do not have the right to file for visiting rights during the parent's marriage without a valid reason. If the parents are living apart while they are married, the grandparent may file a petition. The court will also allow a petition when one of the parents join the grandparent on the petition. Grandparents may file a petition while the minors are living with a step parent or in the care of another non-biological parent.

California child visitation rules and regulations are sensitive. The petition is only valid in that state. Cases that involve parities in multiple states are difficult to enforce without having a ruling jurisdiction. Usually, the petitioning parent will ask the family court in their area to be the ruling jurisdiction.




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