How to Enforce Child Visitation Rights in Pomona, CA?

There are multiple reasons you may find yourself wondering how to enforce child visitation rights in Pomona, California. Perhaps your child’s other parent is withholding them from you, even though they have been ordered by the California court system to allow you time with your child. Or perhaps your former partner is not respecting the court-ordered visitation limits that have been put in place by trying to see their child in an unsupervised setting or avoiding having to spend time with the child at all.

Court-appointed child visitation rights can prove to be a tremendously helpful tool when it comes to co-parenting your child. When these orders are violated, however, it can leave you confused, overwhelmed, and afraid. If you are wondering how to enforce child visitation rights in Pomona, CA, a Pomona family law and child visitation lawyer can help.

Methods of Enforcing Child Visitation Rights in Pomona, CA

According to one recent study, approximately 40% of states make it a goal to help divorced parents find ways to spend equal or nearly equal amounts of time with their child after a divorce. While this is not always the case, many courts encourage it, as it is often a healthier situation for the child.

Things like substance abuse issues, a history of abuse and neglect, or specific criminal convictions may keep a parent from being able to spend unsupervised time with their child.  If the circumstances are deemed dangerous enough by the California court system, their visitation rights may be withheld as a whole. If you are trying to enforce a pre-established child visitation plan in California, there are a few different things you can try:

1. You can attempt an informal resolution with the other parent through communication and, if needed, mediation. This can be done with the help of your child visitation rights lawyer and, if the need should arise, the involvement of the California court system. Your lawyer can prepare your case for court, as well as schedule time at a suitable courthouse, such as the Pomona Courthouse South.
2. You can seek legal action against your child’s other parent by taking the following steps:

• File a motion to enforce the child visitation rights: If you find that you are unable to reach corrective action by means of informal resolution, you can file a Request for Order (form FL-300) with your local court, asking them to enforce the existing child custody and visitation orders.
• Find the other parent in contempt of court: If your child’s other parent continues to violate their court-ordered visitation plan, you are within your legal right to file a motion for contempt of court. Your lawyer can walk you through the various steps you may need to take in order to do so.
• Seek an emergency ex parte order: If you feel that there is an immediate risk to the health and/or safety of your child, you should seek an emergency ex parte order from the court. You should inform your lawyer immediately, as well. Parental abductions have been shown to be the leading form of kidnappings in California, and it is always better to misread the situation but have a safe child than to say nothing and lose what is most important.
• Involve necessary law enforcement: While it is not common for law enforcement to be involved in custody and visitation disputes, they can be contacted if there is a clear violation of the court-ordered visitation system, especially if there is a verifiable and potentially immediate threat of harm to you and/or the child.

FAQs

Q: Can One Parent Prevent the Other From Seeing Their Child in California?

A: Unless the court has deemed it unsafe for the non-custodial parent to spend time with their child, it is illegal for one parent to keep their child away from the other parent. Even if the child does not want to visit with them, you, as their custodial parent, are responsible for helping them uphold the court-ordered visitation schedule and rights.

Q: Do I Need to Hire a Child Visitation Lawyer If I Want to File a Motion for Contempt of Court?

A: While you are legally permitted to pursue a motion for contempt of court, many individuals have found that hiring a child visitation rights lawyer can bring clarity to the often overwhelming situation. A lawyer can protect you from potential setbacks, keeping things moving along more smoothly. Your lawyer can handle all of the paperwork and procedures that are common with any required child visitation agreement.

Q: How Much Does It Cost to Hire a Child Visitation Rights Lawyer in Pomona, CA?

A: The exact price of hiring a child visitation rights lawyer in Pomona, CA, tends to vary case by case, as each situation presents unique variables that may impact the overall timeline and complexity of your case. Fortunately, at All American Law, we work to help you build a case that makes these expenditures worthwhile. It is our goal to help free you of your legal and administrative duties so that you can focus on what matters most: your child.

Q: When Can Visitation Rights Be Denied to the Non-Custodial Parent in California?

A: If the California court system deems a parent unfit to be around their child, visitation rights may be denied. They may be able to start out with supervised visits, but if there is any reason for the law to suspect the child may be in danger, they can remove those original rights and deny the parent visitation rights altogether.

Get More Information Today

Nothing is more important than the safety and security of your child, but this can be hard to maintain if you find yourself fighting to get the child’s other parent to stick to your court-ordered agreement. Fortunately, you do not need to shoulder this burden by yourself.

At All American Law, we have a legal team that is prepared to help you navigate the complex world of family law, guiding you through the various steps needed to hold your former partner accountable and protect your child’s general welfare. Contact us today to schedule a consultation.