Visitation rights are common matters of dispute in a divorce. If you are involved in a divorce, you may be considering how to best meet the needs of your child and your best interests despite the fact that your spouse is not cooperating in the negotiations. Spouses often consider a court-ordered divorce agreement as the best solution, but a judge's decision on your divorce arrangements may not effectively represent the best interests of all parties in a divorce.
In California, both parents have equal rights to custody, but if one parent is not fit for the responsibilities, steps must be taken to reflect this in a divorce agreement. If your spouse should not have the same rights of visitation for your child—or none at all—you may have to enforce these rights in a divorce agreement or with a court order. I have assisted clients dealing with complex family law issues and helped them attain the marital arrangements they seek. Consult a skilled divorce lawyer in Orange County with more than 25 years of experience and begin working toward a favorable resolution.
Get Help with Court-Ordered Enforcements & Modifications
Sometimes, establishing a visitation agreement that is fair and healthy for a family may not be easily negotiated in a divorce. Whether you involved in a court-litigated divorce or seeking a court-ordered visitation enforcement, it is important that you share as much information as possible with the court, and make this information as clear as possible.
Spouses should expect to present information about the following:
- When the child will be with each parent
- Instances when a parent has violated a visitation schedule
- Evidence showing why a parent should not have visitation rights
Court enforcement works both ways: you may take legal action when a parent is violating a visitation agreement, or when an agreement is unfairly awarding visitation rights. If you are on the receiving end of a court order that is enforcing unfair visitation rights, you may petition the court to modify the visitation agreement in a way that fairly represents your family's interests.
Negotiate Visitation Agreements Outside of Court
Between paying court fees, hiring an attorney, and enduring lengthy court procedures, petitioning a court for help can be a costly process. Even when spouses cannot agree on visitation rights, there are other alternatives to seeking court litigation. For example, collaborative divorce and mediation are two popular methods of resolving disputes in marital arrangements.
In a collaborative divorce, spouses and their attorneys meet outside of court to negotiate their terms, including visitation. Mediation can be used to resolve visitation disputes with the help of a third-party mediator. Finding ways to negotiate visitation rights without getting the court involved can reduce the time and expense involved in the process.
Find solutions to your visitation issues!
Whether you are looking for dedicated legal representation in a divorce or seeking a skilled mediator for your negotiations, contact Kevin B. Gibbs, APLC. As an Orange County family law attorney, I continue to help families struggling to find solutions to difficult legal issues. I am a board-certified family law specialist who may apply my full set of skills and resources to helping you obtain the resolution you are looking for. Schedule a free case evaluation with my firm today and look after the best interests of your family.
"I used Mr. Gibbs for my divorce. He was great, very knowledgeable and professional! He was excellent at letting me know the options I had and pointing me in the best direction. He was upfront and honest about outcomes. I was very happy with his service."Joshua Lott
"I could not have asked for a better experience in the midst of a bad situation than working with Mr. Gibbs. He was honest and fair and patient and kind."Rebecca Sterling
"He is a great family law attorney and I would definitely recommend him to a friend or family member in need."Les D.