Family Lawyers from Los Angeles

It is very common in divorce to base the visitation rights of the non-custodial parent on how much child support they pay. If you are paying child support, it can be to your advantage if you want to have more parenting time with your children. However, this article is not about visitation or custody. This article deals with a child's right to have a relationship with both parents.

In California, there is a presumption that children of divorced parents have a right to maintain relationships with both of their parents. A court may view maintaining the parent-child bond as being in the best interest of the child. When one or both of a child's legal guardians allege that visitation with the other parent is detrimental to the child, California Family Law Code Section 3046 requires that there be a "danger" to the child for visitation with the other parent to be restricted.


A court can restrict or deny visitation by one or both parents if certain conditions are met. Under California Family Code Section 3044, one condition is that the parent's behavior may pose a threat to the child's health or safety. Under California Family Code Section 3041, another ground is if there has been domestic violence by one parent against either parent, the other parent, the other parent's child, or household member and there is a substantial risk of harm to the child as a result of visitation with the parent accused of domestic violence.


Under California Family Code Section 3042, another ground is if one of the parents has knowingly permitted the child to be present in a home or other place where there was marijuana being used illegally.

Contact our Family Attorney At Whitmarsh Family Law Firm, our Los Angeles, California.

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