A Visitation Attorney’s Guide for Navigating Visitation & Custody Rights

by | Feb 1, 2023 | Custody

Today, more and more people are turning to custody and visitation attorneys to help them navigate the complexities of family law. But what is a custody and visitation attorney and why would you need one? In this blog, we will uncover the answers to these questions and more as we explore this type of attorney.

What is a custody and visitation attorney and why do you need one?

A custody and visitation attorney is a Family Law lawyer who can provide legal advice and representation for those dealing with custody and visitation issues. They are knowledgeable in the laws and regulations concerning the rights of parents and children when it comes to custody and visitation. They can help draft custody and visitation agreements, negotiate custody and visitation arrangements, and represent clients in court when necessary.

There are several reasons why someone might need a custody and visitation attorney. For example, if a parent is seeking to regain custody and/or visitation rights that have been denied or restricted, a custody and visitation attorney can help them understand their legal rights and options. Custody and visitation attorneys can also help those dealing with disputes over custody and visitation rights or agreements. And, if necessary, they can represent a client in court.

Understanding your rights – What rights do you have when it comes to custody and visitation?

When it comes to custody and visitation rights, the law is complex and ever-evolving. Generally, each parent has the right to custody and visitation with their child. This right can be limited or restricted if it is deemed to be in the best interests of the child. For example, if a parent is deemed to be a danger to the child, their custody and visitation rights can be restricted and in extreme circumstances, taken away.  Or, if both parents are fit and loving parents but they live a significant distance from one another the court will need to determine which parent will be the school-year parent and which parent will have a more limited timeshare. 

The law favors frequent and continuing contact with both parents; however, custody and visitation rights can be restricted if a parent fails to meet their custodial responsibilities. In some cases, custody and visitation rights can be taken away entirely if a parent is deemed to be unfit to care for their child. In any case, it is important to understand and respect the rights of both parents when it comes to visitation.

How to draft a custody and visitation agreement?

A custody and visitation agreement is a legally binding document that outlines the terms of legal and physical custody between parents. This document should be carefully drafted and agreed upon by both parties in order to protect the rights and responsibilities of each parent.

When drafting a custody and visitation agreement, it is important to consider the details of legal custody and the visitation schedule, such as the frequency and duration of visits, transportation arrangements, holiday schedules, vacation schedules, and other related matters. Custody and visitation attorneys can help draft an agreement that meets the needs of both parents and meets the legal requirements necessary for an agreement to be approved by the court and made an enforceable court order.  

What are the different types of custody and visitation?

When it comes to legal custody, there are several types that can be granted.  These include joint legal custody, sole legal custody, or joint legal custody with one parent having final decision-making authority.  There are several types of physical custody and visitation orders that can be made. These include professional or non-professionally supervised visitation, shared custody, and sole custody with visitation to the other parent. 

Supervised visitation is when a third party is present during visits to ensure the safety of the child. Shared custody is when both parents have joint legal and physical custody of the child. And sole custody with visitation to the other parent is when one parent has both legal and physical custody of the child and the other parent has visitation rights.

What services does a custody and visitation attorney provide?

Custody and visitation attorneys provide a variety of services to those dealing with custody and visitation issues. They can provide legal advice and representation in court, draft custody, and visitation agreements, negotiate custody and visitation arrangements, and provide representation at hearings. Custody and visitation attorneys can also help those who are seeking to regain custody and visitation rights that have been denied or restricted.

How do I find the right custody and visitation attorney for me?

When it comes to finding the right custody and visitation attorney for you, it is important to do your research. Start by asking friends and family for recommendations. You can also search online for local attorneys who handle complex visitation issues.   Once you have a few potential attorneys in mind, interview them to make sure they have the experience and knowledge to handle your case.

What should I look for when hiring a custody and visitation attorney?

When hiring a custody and visitation attorney, there are a few things to keep in mind. First, make sure the attorney you hire is knowledgeable about family law and has experience dealing with visitation cases. This will ensure that they have the necessary skills to represent you in court.

It is also important to make sure the attorney is familiar with the laws in your state and is willing to work with you to ensure your rights are protected. Finally, it is important to make sure that the attorney is willing to work within your budget.

What are the benefits of hiring a custody and visitation attorney?

Hiring a visitation attorney can be beneficial in a number of ways. They can provide valuable legal advice and representation in court. A seasoned attorney is knowledgeable regarding the court-required mediation process in each county in which they practice and can guide you through the mandatory mediation process as well as file the necessary documents on your behalf to ensure the mediator and judge have the documents they need before mediation and the hearing.  They can also help draft custody and visitation agreements that are in the best interests of the child. And, most importantly, they can ensure that your rights as a parent are respected and protected.

Conclusion

Custody and visitation attorneys can be a valuable resource for those dealing with custody and visitation issues. They can provide legal advice and representation in court, provide knowledge of the court process and procedures in the counties they practice, draft visitation agreements, and negotiate visitation arrangements. They can also help those seeking to regain custody and visitation rights that have been denied or restricted. When hiring a custody and visitation attorney, it is important to make sure they are knowledgeable about family law and are willing to work with you to ensure your rights are protected.

We Are Here

If you are in need of a custody and visitation attorney, call us today to get started. We can help you understand your legal rights, draft a custody and visitation agreement, and negotiate visitation arrangements.



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