Legal Question in Family Law in California

1- What are "legitimate reasons" to cancel visitation rights?

2- Is it necessary to provide an explanation of the "legitimate reason" if the court order doesn't specify it?


Asked on 1/26/10, 4:17 pm

1 Answer from Attorneys

Cristin Lowe Law Office of Cristin M. Lowe

1) Unless there is a specific order allowing you to cancel visitation, it's probably not a good idea in general to do so unless it's mutually agreed upon. That being said, some orders do allow for legitimate reasons to cancel visitation. If it's left to your discretion, I would suggest that visitation be cancelled for things such as illness only. While it's nice to have the authority to determine when your child can see the other party, you also need to think of it as a responsibility. The Court has entrusted you to use your very best judgment in this area. Any signs of abuse will cause those rights to be revoked immediately and possibly used against you in the future. It truly is a double-edged sword, and I would err on the side of caution if and when you choose to cancel any visitation.

2) It's probably not necessary to provide an explanation, but it IS a good idea to keep track of it. That way, if you're accused of denying the other parent visitation unreasonably, you'll have a detailed record of it. Also, if you let the other parent know in writing why visitation isn't happening, there is no way the person can allege that you didn't provide adequate notice, a good reason, etc.

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Answered on 2/01/10, 10:01 am


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