Can Mothers Stop Fathers from Seeing Their Child in California?

It is common for two parents to choose to separate and co-parent a child. In some cases, a mother and father may disagree on certain aspects of raising a child or multiple children. However, a serious disagreement could lead to a mother attempting to keep a father from seeing their child. When this happens, it is important to understand the parental rights of each person. If you are being prevented from seeing your child by the child’s mother, you should consult with an experienced Ventura, CA child custody lawyer as soon as possible. The Law Offices of Bamieh & De Smeth, PLC is committed to helping families work out visitation schedules that work for both parents, and we would be pleased to work with you. Our Ventura, CA child custody lawyers for fathers are here to discuss whether a mother can stop a father from seeing their child in California.

Can a Mother Withhold Father Visitation Rights in California?

If two parents decide not to remain together after having a child, many decide to make an arrangement for each parent to spend time with the child. In some cases, a mother may have sole physical custody of a child, which means that the father of the child will have to consult with the mother when they want to visit. However, a mother could use their custody rights to improperly prevent a father from seeing his child.

When making a personal agreement between parents concerning visitation rights, it would be prudent to execute this agreement in writing and have it signed by both parties. This would allow a father to bring the agreement before a family law judge in order to have it acknowledged as a court order which each parent will have to follow.

If you only have an oral agreement for visitation rights, it may be harder to prove when you are supposed to be permitted to see your child. However, our firm can help you fight your case in family court to be awarded a visitation order that will make it illegal for a mother to stop you from seeing your child.

California has multiple types of visitation orders that will determine the amount of time that you can spend with your child. The type of visitation you are awarded may even prevent a mother from allowing a father to visit the child under certain circumstances.

Scheduled Visitation

Schedule visitation is when the parents have a comprehensive plan detailing when each parent has the right to spend time with the child. This form of visitation allows parents to work around each other’s schedules and to divide time for birthdays, holidays, and other special events.

If a father has a scheduled visitation plan that is approved by a family court judge, a mother cannot stop a father from seeing their child as it would violate a court order. If the mother of your child does not honor a scheduled visitation plan, you should speak with an experienced Ventura, CA family law attorney that can help enforce your parental rights.

Reasonable Visitation

Reasonable visitation is when the parents of a child have a more open-ended approach to child visitation times. This type of plan allows parents to make quick changes to a visitation plan depending on each parent’s schedule and the needs of the child. However, if you do not have a good co-parenting relationship with the mother or father of your child, it may be troublesome to agree to a reasonable visitation plan.

As there are no specific guidelines for reasonable visitation, it could be easier for a mother to use arbitrary reasons to prevent a father from seeing his child. We can help you ensure that your parental rights are not violated.

Supervised Visitation

A parent may be subjected to supervised visitation if the court believes that the child cannot be alone with the parent due to safety reasons. The supervising party could be the other parent, another adult in the family or even an employee from a childcare agency.

Supervised visitation is typically used when a parent has not spent a significant amount of time with their child in the past. It allows one parent to ensure that a child feels comfortable with the other parent.

No Visitation

There are some cases where a court may decide that a parent is not entitled to any form of visitation as a parent would be abusive or harmful to the child in one way or another. For example, if one parent has a drug habit, they could be prevented from seeing their child in California.

Visitation orders in California are determined based on the best interests of the child, the parent’s way of living, and a variety of other factors. A mother could attempt to prevent visitation if a father has not paid child support on time or if they perceive the father has failed the child in some other way. However, if you were legally awarded visitation rights with your child, the mother of the child cannot violate the court visitation order to keep you away from the child.

Our Carpinteria family law attorneys are here to assist you if the mother of your child is interfering with your visitation rights.

For Help Enforcing Your Visitation Rights in California, Contact Our Child Custody Attorneys

If the mother of your child is preventing you from seeing your son or daughter in California, you should speak with an experienced Santa Barbara child custody attorney for fathers immediately. The Law Offices of Bamieh & De Smeth, PLC, has years of experience with a variety of family law issues, and we are prepared to help you fight for the right to see your child. You do not have to handle your child custody matter alone. To schedule a free legal consultation to speak about the details of your child custody case, contact the Law Offices of Bamieh & De Smeth, PLC at (805) 643-5555. You may also schedule your appointment online.