If I Haven’t Had Recent Visitation, Can I Request A New Visitation Order?
It’s not uncommon for a parent to go through divorce court, or family law court, get a custody or visitation order, have something happen (for example, alcohol rehab, move across the country, etc), not visit for a long period of time and then want to renew contact with the children. This happens whether the party had a divorce attorney or not. It happens in San Diego, California almost every day. It might have been after a dissolution (divorce) case, a paternity case, or a legal separation case. A child custody order was entered by the family court, then circumstances changed and now the parent want to reunite with the child.
Continuous Contact With Both Parents is Key
As a Certified Family Law Specialist attorney handling family law exclusively, I tell parents that California law does confer rights on parents; however, California law also confers rights to children. A child has the right to a custody or visitation order that is in that child’s best interest. Most divorce lawyers and family law mediators agree that frequent and continuous contact with both parents is in the child’s best interest.
Child custody and visitation orders can be modified in family court for as long as the child is a minor child. Even a “permanent and final” custody or visitation order can be modified. These cases are all unique. The parent should consult with a divorce lawyer (“family law attorney”) and especially a Certified Specialist in Family Law as these family lawyers have a demonstrated, specialized knowledge in family law.
Family Law Mediation Before a Child Custody Court Case
The absent parent may fail in his/her custody or visitation modification motion. There are no guarantees as the circumstances are unique and it is significant how the case is prepared and presented to the family court. In California, and especially, San Diego, California, the custody or visitation modification motion will go through family law mediation before the case goes to family court and is decided by a judge.
As for mediation, the key determinative factor may be the mediation preparation that the parent (on either side) does with his/her family law or divorce attorney.
For example, a divorce lawyer who handles a vast number of child custody or visitation cases in family court, over many years, can tell the parent the following:
- How did family court mediation start in San Diego, California.
- Why did this mediation start?
- What is the purpose of family court mediation?
- What documents will the mediator certainly read?
- Maybe read? How to get documents read in mediation?
- What is the best way to present information in family law mediation?
I believe that child custody and visitation orders are very important to the parent and to the children. The motions should be handled carefully in mediation and in family court.
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