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 Ventura 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.

Learn more about how our Ventura child custody and visitation lawyer can help you. Call (805) 222-7818 or contact us online today!

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

“A+ lawyer!”
It's been a constant struggle with my son's father, before acquiring Ms. Donna Santo as my attorney, I had no chance to show the courts the stress my ex was causing for me and my son. Ms. Santo and her team have helped me exercise my rights as a mother and legally they have put me in a position to ultimately give my son the best life possible. Her staff was extremely professional and helpful. I was very satisfied with the services I received and I would highly recommend her. She is a good listener and she gave me great advice. Ms. Santo went above and beyond to make sure I fully understood the process and responded quickly to emails and voicemails. She is the greatest lawyer ever.

- Jess
“Michael & Donna EXCEEDED my expectations”
“Michael & Donna ! Where do I begin! ?? You two are VERY SPECIAL HUMAN BEINGS ? I Can't thank you enough for the UNBELIEVABLE support & services I have received from your office. I was in a VERY tough place in the situation I was unfortunately, unex”

- Alyssa S.
“Working with Donna Santos and Michael Mehas was such a blessing.”
“Working with Donna Santos and Michael Mehas was such a blessing.”

- Melissa A.
“I would trust them with any of my needs”
“I would trust them with any of my needs.”

- Ron H.
“Exceptional Lawyer”
Attorney Michael Mehas was one of the most straight forward people I have ever met. He handled my cases immediately. He accomplished something for me and my family that three Los Angeles County divorce lawyers failed to do: He got child support from my ex husband within short periods of time. He guided me through the process with honest advice, and his legal fees were very reasonable, he's professional, and I have referred him to family members. Since then, Mr. Mehas has also handled several civil matters for me and is the only attorney I turn to when I need legal help. I’d hire him again, such a positive experience in the middle of a bad situation. Thank you, Michael Mehas, for all you've done for me and my family.

- Jess
“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.
“If you think you need help, you do and I recommend this firm.”
If you think you need help, you do and I recommend this firm. After a very sticky situation in court, Donna and Michael came in and saved the day on short notice. Not only are they a very knowledgeable firm but truly care about their clients. They take the time to listen and in turn explain the legal side to bridge the gap in feelings vs law.

- Bonnie V.
“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.

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