If I Have Sole Custody, Do I Have to Allow Visitation in Orange County? 2024

Among family law issues, the most complicated of all is typically child custody. This issue comes up in almost every family law case, and it can be fraught with complex challenges and chaos. If you have been awarded sole custody in California, you might find yourself wondering, “If I have sole custody, do I have to allow visitation in Orange County?” An experienced Orange County family law attorney can answer that question.

If you have obtained sole custody of your children following a divorce, separation, or other family law legal proceedings, there is likely a good reason for this. The courts try to base their custody decisions on what is in the interest of the child. If you have received sole custody, that is because the courts deemed this a better arrangement than any form of joint custody.

If your child’s other parent is requesting visitation, the rights you have to allow or deny this request will most likely depend on the type of sole custody you retain.

How Is Sole Custody Determined in California?

In California, the courts will determine whether one parent is to receive sole custody over the other based on the interest of the child. To determine what that interest might be, the courts will consider several factors. These typically include the following:

• The Involvement of the Parents: Usually, the courts lean toward the child being raised by both parents as being in the child’s interest. They typically try to work out a parenting plan that allows both parents access to their children. If one parent, however, shows a more positive attitude toward the idea of co-parenting, the courts are likely to favor them over a parent who tries to undermine the relationship between their child and co-parent.
• The Child’s Ties to the Parent: In some cases, the child might be more tied to one parent over the other, especially when one parent did most of the parenting before the separation, divorce, or paternity challenge. The courts will consider this emotional tie or investment when making a custody determination.
• The Child’s Ties to the Community: A child’s interest does not just lie with their parents; it also includes their friends, school, neighborhood, and overall community. It can be difficult for a child to leave their familiar life, so the courts will likely strive to enable the child to keep their community and school ties the same in a custody arrangement.
• Any Criminal History of the Parents: A parent will most likely be denied custody rights if they are deemed a risk to their child’s safety. If one parent is guilty of murdering the other, or they have committed rape or another act of sexual violence or abuse, they will almost always be denied custody rights.
• The Child’s Preference: In some cases, a child can voice their preference for their custodial parent, but only if the courts deem them mature enough to do so.
• Other Safety Issues: In addition to a parent’s criminal history, custody may be denied or limited if a parent is found to live a lifestyle that poses a risk to their child’s safety. The most prominent aspects of an unsafe lifestyle are drug abuse and alcohol use.

Factors That Affect the Allowance of Visitation When One Parent Retains Sole Custody

If you have been awarded sole custody as part of a court order, hearing, or final judgment, and your child’s other parent is requesting visitation rights, you may be wondering if you actually need to allow it. This is ultimately decided by the type of sole custody you have. In most custody cases, sole custody will be awarded in one of two ways:

Temporary Custody Order

A court order is a court order. Temporary or not, if that order does not require you to grant your co-parent visitation rights, you do not have to allow it. Unless the courts demand it, you are not mandated to allow the other parent visitation rights. Keep in mind, however, that temporary orders are just that, temporary, and they could change at any point.

If the courts deem that you are being too restrictive, they may begin to favor the other parent of your child. Courts try to promote access to both parents, but if one parent is deemed a danger, this access will not be granted.

Sole Custody as Final Judgment

One can always petition for modifications to child custody and visitation arrangements. Even if you were awarded sole custody as part of a final judgment, that judgment can still be subject to change if the filing party can prove a significant change in circumstances that warrants this modification. However, if the courts have not demanded that you allow your co-parent visitation rights, you are not mandated to do so.

FAQs

How Much Does a Child Custody Attorney Charge in California?

In California, the cost of a child custody attorney will vary based on several factors. The time they must spend on the case, the situation’s complexity, and the exact nature of the task will all be reflected in the attorney’s fees. Always discuss fees and payment structures with an attorney before hiring them.

How Do the Courts Determine What Is in the Interest of the Child in California?

When a court determines what is in the interests of a child, it will take several factors into account. These can include:

• The age and health of the child
• The physical, mental, and emotional health of the parents
• Whether the child has any special needs
• If any child abuse or neglect is likely when one of the parents has parenting time

How Do I Defend Having Sole Custody of My Children in Modification Cases?

If you are facing a custody modification case and currently have sole custody of your child, there are ways to defend against this modification. An attorney can assist you in gathering and presenting contradictory evidence that refutes the petitioning parent’s argument. They can also bring in experts who can testify and help you keep sole custody, such as teachers, therapists, doctors, and school counselors.

At What Age Can a Child Refuse to See a Parent in California?

According to California Family Code 3042, when a child reaches the age of 14 and above, they have the right to present their preference for a custodial parent to the judge. However, the courts may deem this action inappropriate or not in the interests of the child, depending on the situation.

Contact a Trusted California Child Custody Attorney Today

If you have sole custody of your children after a divorce, separation, or other form of family law matter, and your co-parent is demanding visitation rights, you do not have to allow these rights unless otherwise mandated by the courts. However, they can always seek a modification. In these situations, having the legal guidance and support of a California child custody attorney can be paramount. Contact Quinn & Dworakowski, LLP, today for more information.