Child Visitation
Establishing and or modifying child visitation and or child custody orders in divorce proceedings are the most time consuming, emotionally charged aspect of terminating a marriage. California Courts, considering child custody and visitation issues will determine the dispute based on the "child's best interest standard." Contrary to the popular belief the "unfit parent" standard is not relevant to custody and visitation issues unless the alleged "unfitness" is proven to be detrimental to the child's best interest.

A different and higher standard applies when a parent try to modify a previous Court order regarding custody and visitation of a child. The standard becomes "substantial change of circumstances," which will be disused in greater details below.

Best Interest of the Child - Factors Considered by the Court

A California Court making a decision regarding child custody and visitation must weigh two principles that may not always be compatible:

• The primary goal to insure the health, safety and welfare of the child
• Subject to the Court's discretion, insure frequent and continuing contact with both parents and that such contact would not be detrimental to the child's best interest.

The second factor is a tricky one as with the absent of child endangerment the frequent and continuing contact principle stands on equal footing with the first principle; insuring the child's health, safety and welfare.

For example, if the custodial parent blocked the non-custodial parent's rights to visit the child, the Court may order the custodial parent to undergo therapy to resolve his/her negative feelings towards the non-custodial parent. If the custodial parent continued to block the non-custodial parent's visitation rights then the Court may consider change of custody modification motion based on change of circumstances.

Insuring frequent and continuing contact principle also plays a essential role in move away orders as discussed in move away orders page.

Other Factors Considered

• Parent's status and ability to provide for the child;
• Number of individuals living with a parent and the available physical space at the parent's residence;
• Parent's prior involvement in the care and the extracurricular activities of the child;
• Availability and the quality of schooling and the physical distance between a parent's residence and the school;
• Child's preference if the child of over 12 years of age;
• A parent's willingness and keep the frequent and continuing contact between the child and the other parent.
• Domestic violence history
• Use of illegal drugs history

Reasonable visitation rights with the child may be given to the non-custodial parent. However, more specified schedule is required if there exist a history of domestic violence.

MODIFICATION OF VISITATION ORDERS
When a parent moves the Court to modify an existing visitation order, the moving party must show substantial change in circumstances warranting the modification.

Examples of substantial change in circumstances:

Job loss or substantial change of income, relocation, change of the custodial parent life style that may makes the modification so essential for the child's welfare.