Parenting time
PARENTING TIME AND VISITATION ATTORNEY SERVING THE SAN FRANCISCO BAY AREA
A parent's right to spend time with their child is one of the most protected interests in California family law. Whether you are going through a divorce or a custody dispute, securing a parenting arrangement that reflects your relationship with your child and serves their long-term wellbeing is a priority that deserves serious legal attention.
The Geller Firm represents parents in parenting time and visitation matters throughout the Bay Area, including Alameda, Contra Costa, Marin, San Francisco, Santa Clara, San Mateo, and Solano counties. Every client works directly with Attorney Michael Geller.
WHAT IS PARENTING TIME IN CALIFORNIA?
Parenting time refers to the scheduled periods during which each parent has physical custody of the child. It is distinct from legal custody, which governs decision-making authority. A parent can have limited parenting time while still sharing legal custody, and vice versa.
California law recognizes that a child's relationship with both parents is generally in their best interests. Courts encourage arrangements that allow children to maintain meaningful contact with each parent, absent circumstances involving domestic violence, substance abuse, or other safety concerns.
WHAT IS A CO-PARENTING AGREEMENT?
When parents are able to communicate and cooperate, they are typically given the opportunity to negotiate a co-parenting agreement that sets out each parent's parenting time, holiday schedules, and decision-making responsibilities. Courts favor these agreements because the parents know their family's needs better than a judge does.
If parents cannot reach an agreement on their own, the court will intervene and impose a custody and visitation order. Once a court order is in place, modifying it requires demonstrating a material change in circumstances, which can be a difficult standard to meet. Reaching a workable agreement at the outset gives both parents more control over the outcome.
WHAT IS A PARALLEL PARENTING AGREEMENT?
When cooperation between parents is not realistic, a parallel parenting arrangement may be appropriate. Rather than requiring ongoing communication and coordination, a parallel parenting plan gives each parent clearly defined rights and responsibilities for their respective parenting time, with minimal required interaction between the parents.
This approach can be effective in high-conflict situations where frequent contact between parents creates instability for the child. Each parent operates independently within their designated time, reducing the opportunity for conflict while still preserving each parent's relationship with the child.
DOES A CHILD'S PREFERENCE MATTER IN CALIFORNIA CUSTODY CASES?
Yes, and increasingly so. Under California Family Code section 3042, courts are required to consider a child's stated preference regarding custody and visitation. A child who is 14 years of age or older has the right to address the court directly about their preference, if they choose to do so.
Children under 14 are not prohibited from expressing a preference, but the court has discretion over how much weight to give it based on the child's age, maturity, and the circumstances of the case.
It is important to understand that a child's preference is one factor among many. The court is not bound by what the child wants. The governing standard remains the best interests of the child, and the court retains full discretion to reach a different conclusion if the evidence supports it.
WHAT HAPPENS IF A PARENT VIOLATES A PARENTING TIME ORDER?
A parenting time order is a court order. Violating it carries legal consequences. If one parent is consistently denying the other parent their court-ordered parenting time, the affected parent can seek enforcement through the court, including requests for make-up parenting time, modification of the existing order, or sanctions against the non-compliant parent.
Documenting violations carefully and promptly is important. An experienced attorney can help you respond effectively and protect your rights under the existing order.
SPEAK WITH A CALIFORNIA PARENTING TIME ATTORNEY
If you have questions about parenting time, visitation rights, or enforcement of an existing custody order, The Geller Firm is available to help. Consultations are offered in person or virtually throughout the Bay Area. You will speak directly with Attorney Michael Geller.
Contact The Geller Firm today to schedule your consultation.
