When a parent believes that there is even a small chance their child is not safe with their other parent, it can be a scary feeling. “How to protect your child visitation rights in California?” is the most common question we get asked. If you have the same question, our knowledgeable legal staff will hopefully set your mind at ease by unpacking child visitation laws in California.
According to a study published in 2020, about ¼ of all US children aged 21 and under (about 22 million) had a parent who lived outside of the household. This number is a stark reminder of how many children probably don’t see both of their parents as often as they should or want to.
This is why it is so important for children to have quality time with both parents, and for both parents to work together and with the court system to protect their child visitation rights in California.
No, child visitation is not the same as child custody. Child visitation is also called parenting time in California courts. There are several different types of custody, including physical custody, legal custody, sole legal custody, sole physical custody, joint physical custody, and joint legal custody. There are also several different types of visitation, including scheduled visitation, open visitation, supervised visitation, and no visitation.
Every family is different, and so is every situation of custody and visitation. A California state family law judge has the final ruling over custody and visitation for families in California. The courts will uphold the best interest of the child as the paramount factor in determining child custody and child visitation orders.
Many parents can agree on the conditions of custody and parenting time, and they present their plan to the courts in the form of a parenting plan, which is a custody and visitation agreement.
In many cases, the judge approves of the parenting plan as long as the child’s best interest is protected. However, in some cases, one parent may contest the parenting plan, or the parents cannot come to an agreement on a parenting plan. This is when it is important to understand how to protect your child’s visitation rights in California. Enlisting the help of a qualified family law attorney is the ideal way to protect child visitation rights in California.
When parents are in disagreement regarding their parenting plan, custody mediation or custody counseling can help parents learn to communicate, make compromises in the interest of their child, and come to an agreement outside the courtroom.
If they cannot come to a consensus, one parent will need to file a Request for Order. This is another great time to have legal counsel provide you with advice and assistance in composing and filing important documents.
When you fear that the safety of your child would be in danger if parenting time is awarded to your child’s other parent, there are laws and programs that can be called on to protect your child via the California family court system. A reputable child custody attorney can help you find the path that fits your situation. Below is a list of options you have to protect your child if you feel visitation with their other parent is a potential danger for them:
It is typically only in extreme or very obvious circumstances that a California court will withhold visitation rights from a parent. When visitation is withheld, it is ideally only because there is a legitimate reason to do so. For instance, if there is a concern for the child’s safety and these circumstances are made clear to the court, then proper actions are taken in the child’s best interest.
A custodial parent cannot deny visitation in California by choice. Custody and visitation rights are decided upon by the presiding judge, and parents who do not follow the orders of the judge are in contempt of court. There are legal processes that protect court-ordered visitation rights as long as they are in the child’s best interest. If a parent continues to deny visitation, the court may reverse previous orders and transfer custody of the child to the other parent.
In California, a child may express their preference for who will maintain custody of them, as well as their preference for parenting time, at age 14. However, while the child’s preference is taken into consideration, it is not the only determining factor in custody or visitation. Other circumstances of both parents’ situations are factored in to determine what is in the best interest of the child, which ultimately determines a judge’s final ruling.
No, a mother cannot deny a child’s father visitation, and vice versa. California law establishes that both the mother and the father of a child share equal rights to spend time with their child, regardless of which parent is the custodial parent. If there is a legitimate reason for withholding visitation, such as violence or substance abuse, only the judge can deny a parent visitation with their child.
Ultimately, the California family court judge overseeing the case has the final say in all cases regarding custody and family time. If you are anxious about approaching the judge or navigating your case, talk to a family law attorney who can answer your questions and advise you. Most importantly, they can tell you what your options are, what the possible outcomes are, and what you can expect from the courts.
The most important thing to remember when your visitation rights are in danger is that you have options. When you partner with a professional legal team like Edgar & Dow Family Law, you will never be alone in your fight. We can guide you to learn how to protect your child visitation rights in California. Contact our family law offices today to get the conversation started.
© Copyrights 2025 Edgar & Dow. All Rights Reserved. Disclaimer | Privacy Policy
Digital Marketing by 
