Child Custody & Visitation Guiding You Through Difficult Times

Ventura Child Custody Lawyer

Child Visitation Rights in Ventura County, Oxnard & Surrounding Areas

Just because your family dynamic changed after a divorce or separation does not mean you cannot see your child anymore. A child custody order and visitation order, or parenting time as it is called in California, establishes how this dynamic will work.

Child custody and visitation orders can still get complicated, though. It is helpful to seek the counsel of an experienced family law attorney in Ventura who will know your rights as a parent and work to protect them.

Reach out online or call us at (805) 222-7818 to speak with our child custody lawyers

How Child Custody/Visitation Orders Are Determined in Ventura

California grants child custody to either one parent or allows each parent to share custody. It is important to note that a judge has the final decision about child custody orders. Still, he/she will typically approve an arrangement the parents have agreed on. If this is not possible, the judge will determine a child custody issue in court.

What are Child Custody Orders

The court will grant a child custody order based on the best interest of the child standard.

Additional factors will aid in the child custody decision-making process, including, but not limited to:

The child’s age
The child’s physical and mental health
The relationship between the child and each parent
Each parent’s ability to care and provide for the child
The child’s accustomed style of living
If one parent has a history of substance or domestic abuse

To understand how child custody orders are determined, you should understand the type of custody orders available: physical and legal custody.

Physical custody

Physical custody refers to where the child will reside and who will provide the child with day-to-day care. Physical custody is either granted as joint, meaning shared between the parents, or sole physical custody, which is granted to one parent.

It is very difficult to split joint custody time exactly half the time with each parent, so it is common for one parent to have more time with the child than the other. This parent is called the primary custodial parent.

If one parent is awarded sole physical custody, the other will usually be granted visitation rights.

Legal custody

Legal custody refers to who will make decisions regarding important elements of the child’s life. These decisions could be related to education, healthcare, religious beliefs/influence, and/or extracurricular activities. A parent can be granted joint or sole legal custody.

Parents who have joint legal custody do not necessarily have to agree on every decision related to their child. However, they should communicate their wants and do their best to cooperate.

Can a Parent Deny Visitation?

For the custodial parent to deny the non-custodial parent visitation, they would need to provide evidence to the court that they pose a threat to the child. Keep in mind, simply not liking how the other parent spends their visitation time is not considered a valid reason to revoke a parent's right.

Can a Child Deny Visitation?

Children cannot deny visitation from the non-custodial parent if the court has made it an official order. However, the court may be sympathetic with teenagers, especially if they have valid reason. The best thing to do with your child who is refusing visitation is to document the incident. Be sure to notify the non-custodial parent immediately and as appropriately as possible.

At What Age Can a Child Decide Which Parent to Live With?

On January 1, 2012, California AB 1050 amended the family code by adding that the judge must also consider the child’s wishes regarding visitation. A child who is at least 14 years of age must be allowed to directly address the court regarding custody and visitation issues, unless the judge finds that it would not be in the child’s best interests to do so, whereby the reasons must be stated on the record.

Finally, the California Legislature has come to its senses in realizing that children are people too. But they are never adults – and should never be treated as such.

How to Prove a Parent Unfit

If you suspect that your divorced spouse is unfit to share custody of your child(ren), then you may request a court order to evaluate this claim. This is a serious claim, as it suggests that he or she puts the child’s well-being at risk. There are several factors that the court will examine when determining someone to be unfit:

What is the level of involvement that the parent has shown in the child’s life?
Are there limit-settings that are age-appropriate? For example, are there restrictions put in place that prohibit the child(ren) from watching R-rated material?
Does the parent have a mental illness that is inhibiting them from carrying out their role as guardian?
How well does the parent communicate with the other parent? Do they handle conflict well?
Is there a current or previous history of substance or alcohol abuse?
Has the parent provided a safe living environment for the child(ren)?

If necessary, the court may have an evaluator step in to observe the parent with the children, or to interview anyone associated with their lives. These interviewees may include teachers, therapists, and others.

Visitation Orders

Visitation orders determine when, where, and how the parents will share time with their child. Visitation orders vary and the court utilizes the same child custody factors mentioned above to define what this time-sharing plan will be.

In California, parents can be granted four different types of visitation orders.

Visitation According to Schedule:

This details times and dates that the child will spend with each parent.

Reasonable Visitation:

These are open-ended orders that can be defined by the parents.

Supervised Visitation:

This order requires that visiting time be supervised by the other spouse or a professional.

No Visitation:

No visitation means visiting time is not granted to a parent as doing so would go against the best interest of the child.

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Contact Our Ventura Child Custody & Visitation Attorneys Today

You want the best for your child. Let us help you with your child custody and visitation orders to ensure you can maintain this standard. Do not hesitate to contact us; here, you are family to us as well.

Reach out online or call us at (805) 222-7818 to learn more about our child custody and visitation services.

An Emphasis on Strong Family Values

Our firm places a strong emphasis on the importance of family values. The balance between maintaining these family values and generating a better future for you and your family is one we strive to achieve with each case. Our values consist of:

Holistic Approach

We aim to resolve conflict so you and your family can move on peacefully. We approach all aspects of a case, including the emotional, financial, and mental components, and advocate with you throughout.
Collaboration

Collaborative divorce can be a great option for spouses looking to share joint custody of their child/children and the court looks favorably on this decision. When possible, we strive to come to a resolution that will benefit both spouses.
Children Come First

We respect the fact that our clients trust us with important life-decisions. We strive to be as understanding and empathetic as we can with you and treat you like we would treat a close family member.
Compassionate Legal Services

We respect the fact that our clients trust us with important life-decisions. We strive to be as understanding and empathetic as we can with you and treat you like we would treat a close family member.

Our Satisfied Clients

Real Stories from Real People

“I highly recommend using them!”
Donna Santo and Michael William Mehas have been amazing to work with. Very professional, knowledgeable , and kind. They helped me with a custody case and my family and I couldn’t be happier.
They were a blessing to us and we will forever appreciate them.
Thank you so much ❤️!
I highly recommend using them!

- Kirstie D.
“I feel fortunate to have a law firm like Santo Mehas in my corner.”
I feel fortunate to have a law firm like Santo Mehas in my corner. I always felt like I was the most important client they had no matter what the issue was that I was dealing with. Michael Mehas and Donna Santo are accessible, compassionate and incredibly focused on getting me the best outcome for my family and business legal issues. This has been a true blessing to me over the years, and the relief I have felt the times I have dealt with them has made running my business and personal life much smoother. I have also recommended them to several of my friends and clients and I would do so again without hesitation in the future.

- Chris K., LA MassagePro
“Santo Mehas is the law firm you want on your side.”
If you have to go through divorce and child custody, Santo Mehas is the law firm you want on your side. Both lawyers are very professional and knowledgeable yet caring and want the best for their clients. They work hard for their clients at every level and go above and beyond to make their clients relaxed and comfortable with the family law processes.

- Jasmin R.
“Donna fought for me and she will fight for you.”
I have a pretty complicated case that needed a lot of things done quickly and Donna was able to not only get them done but she knocked it out of the park and I am very happy with the outcome. She is also great at communicating things throughout the process in a way that I could understand.

- Wayne
“He is simply awesome!!!”
Yay, bro! Michael has been looking out for me on several legal matters, including a car accident case, for several years. He is simply awesome!!!

- Brian S.
“If 10 stars had been a choice I would have given them 10 STARS.”
“If 10 stars had been a choice I would have given them 10 STARS.”

- Paul R.
“I was able to be a part of my child’s life which is priceless.”
I had a divorce and child custody case and Santo Mehas represented me. Michael Mehas traveled from his Ventura office to Fresno to appear on my behalf and was diligent in fighting for my rights as a parent. We had a positive outcome with agreeable visitation rights. I was able to be a part of my child’s life which is priceless.

- Matthew A.
“Donna obtained a good result for me, for which I am ever grateful.”
I met Donna Santo over 20 years ago, when I needed an attorney to represent me in a post-judgment custody dispute trailing across three states due to my nomadic military background. As prior military I had a great respect for the courts. I met Donna first, and she scared me. But of course that was what I wanted: a sharp, assertive attorney. The onset of that custodial dispute marks one of the most horrible periods of my life. Fortunately, Donna and her team were my guides as well as my advocates. To this day, when on occasion I have needed a family law attorney, I have called Donna. She has always obtained a good result for me.

- Carla H.

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