Visitation Orders
California has three visitation orders: parental visitation, grandparent visitation, and a petition requesting visitation. Most people are familiar with regular visitation for parents with alternating weekends and possibly one weekday evening or overnight. However, many of our clients ask about 50/50 visitation.
The parents’ visitation schedule can go many different ways, depending on several factors, including the parents’ work schedules.
50/50 Visitation
When you and the other parent want to arrange a 50/50 visitation schedule, you can set it in many ways, including swapping every seven or 14 days. Other standard schedules often in the children’s best interests are a 2-2-3 and 2-2-5 schedule.
2-2-3 Visitation Schedule
With a 2-2-3 visitation schedule, you still alternate weekends. However, the weekdays change every week. During Week 1, the parent has the children Monday and Tuesday. During Week 2, the parent that had Monday and Tuesday the previous week will have Wednesday and Thursday.
The schedule would look something like this:
Week 1: Parent 1: Monday, Tuesday; Parent 2: Wednesday, Thursday; Parent 1: Friday, Saturday, and Sunday.
Week 2: Parent 2: Monday, Tuesday; Parent 1: Wednesday, Thursday; Parent 2: Friday, Saturday, and Sunday.
Week 3 is the same as Week 1, and Week 4 is the same as week 2. The parents alternate weeks through the year.
2-2-5 Visitation Schedule
With a 2-2-5 visitation schedule, it is more consistent since each parent has the same two weekday nights, but the weekends – Friday to Monday – alternate.
The schedule would look something like this:
Week 1: Parent 1: Monday and Tuesday; Parent 2: Wednesday and Thursday; Parent 1: Friday, Saturday, and Sunday.
Week 2: Parent 1: Monday and Tuesday; Parent 2: Wednesday and Thursday; Parent 2: Frida, Saturday and Sunday.
Week 3 is the same as Week 1, and Week 4 is the same as Week 2. The parents alternate weeks through the year.
Grandparent Visitation
Unfortunately, grandparents do not have the same rights that parents have. Thus, grandparents must establish an engendered bond between them and the minor child for the court to consider a visitation schedule. Other factors include whether the grandparent had that bond but lost it because one of the parents is deceased, incarcerated, or not in contact with the grandparents.
Obtaining grandparent visitation is not impossible but difficult. Thus, the grandparents must put their best foot forward and fight for the visitation.
Petition for Visitation Schedule
You must show up for court if one parent files a petition for a visitation schedule. If you do not, you lose your right to argue why the other parent should not have visitation. Or if you have visitation, but the other parent files a visitation schedule to change the visitation. Still, the schedule the filing parent is asking for does not benefit you. You must show up to contest the petition.
If you do not show up, it is a default, and the court will order in favor of the parent filing the petition as long as it is in the best interests of the child.
Contact Mohajer Law Firm
If you have questions about visitation, need to establish or change a visitation schedule, or were served with a petition for a visitation schedule, contact a Greater Los Angeles County family law attorney at Mohajor Law Firm for a consultation.