San Diego Men’s Rights Lawyers
Child Visitation Modifications
One of the most difficult decisions a family court will have to make as part of a California divorce involves child custody. Generally speaking, when that decision is made, the non-custodial parent will have a right to visitation that’s reasonable in terms of the amount of time that’s being spent with each parent. However, visitation schedules can become difficult to manage going forward because routines and other factors can change. If you face this situation, you need to seek the help of experienced San Diego men’s rights lawyers as soon as possible to work towards a new visitation schedule that’s fair and equitable. Below is a brief introduction to this issue and process.
The Legal Standard for California Child Visitation Modification
The legal standard that’s used for deciding whether or not to modify a child visitation schedule in California is the same as the one that’s used to decide whether to modify many other orders that stem from a divorce, and it’s known as a ‘material change in circumstances’. The party making the motion for a modification of the child visitation schedule generally must show that this material change in circumstances has occurred in order for the order to be successfully modified.
There are several different examples of what would constitute a material change in circumstances, and perhaps the most common concerns geography. If either the custodial or the non-custodial parent wants to or needs to move away from his or her current location, this will obviously affect any existing visitation schedule. Generally, courts will strongly encourage the parents to work out an equitable visitation schedule in this situation, but if one cannot be reached then it’s possible for the court to review not only the visitation, but also the custody assignment in some situations.
Another common situation that gives rise to the seeking of a modification of a visitation order is a change in the lifestyle of one of the parents. Specifically, if one of the parents begins working a job at night and the child is left alone or one parent begins to abuse substances that place the child in a situation of danger, the moving parent can seek to have the original order modified. However, the burden of proof, as always, is on the parent who wants to change the order of visitation.
How San Diego Men’s Rights Lawyers Can Help
When someone faces this situation, he must remember that taking matters into his own hands is rarely an advisable step to take, as this can lead to several other serious legal problems. Instead, if you would like to have your situation reviewed with regards to your child or children of a marriage, contact the San Diego men’s rights lawyers at the Men’s Legal Center today to schedule an initial consultation.