4 Most Common Visitation Issues

by | Dec 10, 2021 | Divorce

Visitation is often a touchy issue for divorced parents. However, during what might feel like a period of instability, a well-thought-out visiting plan provides a structure for children’s lives. The information below will help you with a few of the most common visitation issues, how to manage visitation changes, child support visitation, and more.

Common Visitation Issues

Long-Distance or Out of State Visitation

One spouse might move across or out of state after a divorce, so long-distance visitation is a common issue that comes up. You might be wondering how to handle visitation if you or your spouse are ready to move.

During out-of-state circumstances, visitation would be limited to spring break, long holidays, or summer break. Spending alternate holidays with each parent is also typical so that one parent does not solely get their child during Christmas, etc.

Parents should decide transportation costs in an early conversation. This discussion might include who will pay for a plane ticket, drive across the state to drop off or retrieve your child(ren), or whether you might meet halfway. It is vital to establish this agreement now to avoid future disagreements.

In the case of flying, airlines typically have age limits, so this might include flying with your child.

Holiday and Summer Visitation

The holiday season is here, and you might wonder how divorced parents handle these times.

Parents can solve holiday visitation logistics in many ways. Sometimes parents will rotate holidays, such as the mother having her children for Thanksgiving one year while the father has them for Christmas. In the following year, the father will have them for Thanksgiving and the mother for Christmas.

Sometimes parents will split holidays. Take Christmas, for example. The mother might have her children for the days leading up to Christmas through Christmas Eve, and then the father will have them Christmas Day and the days that follow. What you decide is more up to your family dynamics and travel logistics.

If there are interruptions in the schedule, such as one parent going elsewhere one year, parents should discuss a way to resume a regular schedule ahead of time.

Parents can handle summer visitation the same way. A child can spend the entire summer vacation with one parent and then switch the following year, or parents can split summer vacations. Keep in mind that if one parent, such as the mother, has sole custody the rest of the year, then summer might exclusively be for the child to visit dad.

Children Refusing Visitation

A child might refuse visitation for several reasons. They have a more personal life outside of their parents and don’t want their plans interrupted as they get older. Maybe they do not like their parent’s new significant other, or they don’t like to stay with their father because he is always working.

In these cases, a court might have to decide on a new visitation schedule, and there might need to be some proof this change would benefit the child. If the child is older, like age 17, a court will not force them to visit a parent. No matter what, do not make changes to a visitation schedule without complete agreement with your ex-spouse, or the court might hold you in contempt, and it might affect child support. In most cases, changes in visitation can be agreed upon between parents without a court’s involvement.

Visitation Complaints

At some point, your child might no longer be happy with your set visitation schedule. In that case, try to encourage them to speak to their parent about it first. You might find that it is not a significant issue but a minor annoyance that will pass or is helped by communication. Remember that if your child has a complaint, it is between them and the other parent. Try to step back from it as much as you can.

We Can Help

When seeking legal assistance with child visitation issues, choose Whipple and Mercado Law. Our team will protect you and your child’s well-being. If you’re going through this process and need help making these tough decisions, call our office at (925) 344-5050 for assistance with your legal needs today!

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization