Wednesday, June 4, 2014

A Lawyer Can Help You Increase Your Visitation Privileges

If you are divorced, a lawyer can help you to make changes to your child custody and visitation agreements.  Just because a custody arrangement has been set with the other parent, or by a judge, does not mean that it has to stay set in stone until the child turns eighteen.  There are ways to make changes to the schedule by going through the court system.

As a parent that does not have primary custody, it can be incredibly difficult and painful to not see your child as often as you would like.  Sometimes the situation arises due to a military deployment, financial issues, a living situation, work reasons, or even substance abuse.  It may be hard to comprehend living with a set schedule for years to come, once the reason for the limited custody or visitation has been resolved.  Fortunately, the court system is designed to provide room for change.

Before you file for a change in child custody or visitation, make sure to consult an experienced lawyer.  The court system is exactly that – a system.  There are set rules and procedures that must be followed in order for your case to be heard and in order to win.  Going before a judge without understanding the rules could be detrimental to your case.  Additionally, when arguing why your custody arrangement should be adjusted it is important that your reasons fit within the statute that the judge must reference prior to making a ruling.

When the custody arrangement involves two parents that live in different states, the case becomes even more complicated.  California has a specific law in place, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which sets forth that California has the right to enforce its actions, even if a parent moves out of state.  This enables custody cases set in California to continue to be enforceable after someone has moved away, as long as one of the parties still lives in the state.  This can be particularly relevant in military divorces.  

As a California custody lawyer, we are experts at understanding custody laws and how they can impact your case. As an experienced attorney, we help clients to gain back some, or all, of the visitation they have lost.  We understand that life circumstances can create situations that negatively impact our clients.  Rather than judging, we help each client to build a case for why they should regain or increase the time they have with their children.  If this is something you want to pursue consider that you will have the burden of proof to show why your request should be granted.  You will also need to demonstrate stability and that you can provide a safe and caring environment for the children when they are with you.  The judge will also make sure that the children will not be impacted negatively by an increase in your visitation time.  As your lawyer, we will help you to create a winning strategy that can be pursued in court.