California is home to millions of families and strives to provide effective ways for parents to make decisions related to their children while encouraging them to work together when possible. When a court is asked to decide custody or visitation, the guiding principle is the "best interest of the child." (Cal. Fam. Code § 3011)
For a broader look at legal standards, pair this overview with our child custody guide—which explains decision-making authority—and the child support resource to understand how time-sharing affects finances.
Right to Visitation
California recognizes the vital role that both parents play in their children's lives and generally supports visitation for a non-custodial parent so that the child maintains frequent and continuing contact with both parents, consistent with their best interests. (Cal. Fam. Code § 3020)
Visitation is not automatic—courts grant it only when it is shown to be in the child's best interest. A court may deny or limit visitation if it finds that contact with a parent would be detrimental to the child's physical or emotional well-being or otherwise contrary to the child's best interest. (Cal. Fam. Code § 3100)
If a judge denies visitation, the court must make findings on the record or in writing explaining why visitation would be detrimental to the child. (Cal. Fam. Code § 3100(d)(3))
Petitioning for Visitation
California encourages parents to reach a written agreement regarding visitation. If parents cannot agree, either may petition the court to establish or modify a visitation plan. Requests for visitation are usually made within an existing family law action—such as divorce, legal separation, or parentage (paternity)—or may arise in a domestic violence proceeding under the Domestic Violence Prevention Act when custody and visitation are at issue.
Learn more about these related proceedings in our divorce and legal separation pages, which outline requirements and procedures for each path.
Visitation Plan
The visitation plan, often called a "parenting time schedule," sets out when and how a parent may spend time with the child. A plan may include details such as:
- Overnight and weekday visits
- Pick-up and drop-off times and locations
- Holiday and vacation schedules
- Provisions for emergencies and make-up time
If parents agree, their plan can be submitted to the court for approval. If they cannot agree, the judge decides the schedule based on the child's best interest.
Parenting Plan
California strongly encourages parents to develop a detailed parenting plan addressing both custody and visitation. A parenting plan helps parents co-parent effectively and avoid future disputes.
A parenting plan should be written and signed by both parents. If both parties are represented, their attorneys may also sign. Once approved and signed by the judge, the parenting plan becomes a legally binding court order.
A comprehensive parenting plan may address:
- School and educational decisions
- Childcare arrangements
- The child's medical and dental providers
- Religious upbringing (if applicable)
- Decision-making authority and communication methods
- Custody type (legal and physical)
- Detailed visitation schedule and travel arrangements
- Methods for resolving future disputes
Mediation (Child Custody Recommending Counseling)
In most California counties, when parents disagree about custody or visitation, they must participate in mediation (also known as child custody recommending counseling) before the court hearing. The process allows a neutral mediator to help parents reach agreement and reduce conflict. (Cal. Fam. Code § 3170)
Our mediation and arbitration guide explains what to expect, including the difference between recommending and non-recommending counties.
If domestic violence or protective orders are involved, mediation procedures may be modified or waived to protect the safety of the parties.
If parents reach an agreement, it is written up and submitted to the judge for approval. If they cannot agree, the mediator may provide a recommendation to the court (depending on local rules). The court generally does not hear the custody or visitation dispute until mediation has been completed.
Judge's Decision
If the judge must decide visitation, the decision is based on the child's best interest as defined by law. The judge considers factors such as:
- The child's health, safety, and welfare
- Any history of abuse or neglect
- The nature and amount of contact with both parents
- The child's age, maturity, and preferences (Cal. Fam. Code § 3042)
- Each parent's ability to co-parent and communicate effectively
- The distance between parents' residences
- Substance abuse or other risk factors
Certain factors cannot be considered when determining visitation:
- Child support payment: Visitation rights exist independently of support obligations.
- Parent's brief absence: A temporary absence, if the parent maintained interest and contact, generally does not justify denying visitation.
- Sexual orientation, gender identity, or gender expression: The court cannot deny or restrict visitation based on these factors. (Cal. Fam. Code § 3040(c))
- Religious beliefs: Religious differences alone cannot limit visitation unless they are shown to be detrimental to the child's well-being.
Decisions During Visitation
Legal custody refers to the right to make important decisions about a child's upbringing, such as education, religion, and health care. Parents may share joint legal custody, or one parent may have sole legal custody.
During visitation, the parent with parenting time may make day-to-day decisions (for example, meals, bedtime, or activities) while the child is in their care, but major decisions remain with the parent(s) holding legal custody.
If a current order no longer fits your family’s needs, see our modification and enforcement resource for the steps to request changes or compel compliance.
Supervised Visitation
Courts usually prefer unsupervised visitation, but when there are safety concerns, the court may order supervised visitation. This means visits occur only when another adult or a professional supervisor is present.
Supervised visitation may be ordered when:
- There is a history of domestic violence or abuse
- There are substantiated safety concerns or substance abuse issues
- There is a risk of abduction
- The parent has made false allegations of abuse
The court may specify the location, frequency, and duration of the supervised visits and who may serve as the supervisor. (Cal. Fam. Code § 3200.5)
Modifying Child Visitation Orders
A visitation order can be modified at any time while the court retains jurisdiction. To modify an existing order, a parent must show both:
- A material change in circumstances since the last order, and
- That the proposed change is in the best interest of the child.
Common reasons to request modification include:
- One parent relocates or changes work schedule
- The child's school or activity schedule changes
- Evidence of abuse or neglect emerges
- An older child expresses a desire to change visitation
Enforcement
Once a visitation plan or parenting order is signed by the judge, it becomes a court order enforceable by law. A parent who violates the order may face contempt proceedings or other court sanctions.