When parents separate or divorce in San Diego, one of the most important issues to decide is how much time each parent will spend with their child. California family law encourages frequent and continuing contact with both parents whenever possible, but visitation schedules must be tailored based on each family’s unique circumstances. If you’re navigating this situation, understanding how San Diego family courts determine visitation schedules can help you feel more prepared.

Legal Custody vs. Physical Custody

Visitation schedules come into play when one parent has primary physical custody, or when time needs to be divided in a way that ensures both parents maintain a strong relationship with the child. Here are the types of custody:

  • Legal custody refers to the right to make major decisions about the child’s health, education, and welfare.
  • Physical custody refers to where the child lives and how much time they spend with each parent.

Factors San Diego Judges Consider

San Diego family courts are guided by the best interests of the child. Judges weigh several factors when creating or approving a visitation schedule, including:

  • The child’s age and developmental needs: Younger children may require shorter, more frequent visits, while older children can handle longer stretches of time.
  • Each parent’s ability to provide stability: Courts look at work schedules, housing, and consistency.
  • The child’s school and community ties: Judges want to minimize disruption to education and extracurricular activities.
  • Parental cooperation: A willingness to support the child’s relationship with the other parent matters.
  • History of domestic violence or substance abuse: Safety is always the top priority, and courts may order supervised visitation when necessary.

Common Types of Visitation in San Diego

San Diego courts recognize several types of visitation arrangements:

  1. Scheduled Visitation: A detailed plan outlining specific days, holidays, and vacation periods.
  2. Reasonable Visitation: A more flexible arrangement, left to the parents to agree upon.
  3. Supervised Visitation: Required when safety concerns exist. Visits with the child occur in the presence of a neutral third party or professional supervisor.
  4. No Visitation: Rare, but possible in cases where contact would harm the child.

The Role of Mediation in San Diego

In San Diego County, parents must participate in Family Court Services (FCS) mediation before a custody or visitation hearing. The mediator helps parents work toward a mutually agreeable schedule. If no agreement is reached, the mediator will make a recommendation to the judge, which often carries significant weight in the final decision.

Why Work With a San Diego Child Custody Attorney?

While parents can try to agree on a visitation schedule themselves, the process is often complex and emotional. A knowledgeable San Diego child custody attorney can help you understand your rights, present your case effectively, and work toward a parenting plan that prioritizes your child’s well-being. Whether you’re creating a new schedule, modifying an existing one, or dealing with disputes, having legal guidance ensures your interests and your child’s future are protected.

Modifying a Visitation Schedule

Life circumstances change, and so can visitation orders. Parents may request a modification if there has been a significant change, such as a new work schedule, relocation, or a child’s changing needs as they grow older. Courts will revisit the arrangement to ensure it continues to serve the child’s best interests.