With extensive experience as a California child custody lawyer as well as in other areas of litigation, Sondra S. Sutherland is dedicated to meeting the needs of her clients. As a California family law attorney who previously worked with the Family Law Department of the LA Superior Court, Sutherland has worked tirelessly on behalf of many parents. On this page, you'll find information about some of the factors that can come into play during family law litigation.

Custody Decisions

Visitation Rights - and Consequences When Interfered With

In making custody decisions, the court's paramount concern is the child's health, safety and welfare.  Courts are also guided by a strong preference for frequent and continuing contact with, and shared parenting by, both parents.  To accomplish these goals, a court will look to various factors, including without limitation:

• any history of physical abuse or drug or alcohol abuse;
• the nature and amount of contact with both parents;
• the child's age, maturity and special needs;
• the parent's physical proximity to the child's primary residence;
• the wishes of a child of suitable age; and
• stability and continuity (avoiding harm from disrupting established patterns and emotional bonds with the primary caretaker), including the length of time in which the current custody arrangement has been in place (for this reason, a parent seeking to change an established custody order generally bears the burden of proving a substantial change in circumstances before the court will modify the existing order).

In making a custody order between parents, the court must grant the non-custodial parent "reasonable visitation rights", unless it is shown that visitation would be "detrimental to the best interest of the child" (e.g., where there is a history of child abuse or domestic violence). Judges generally have broad discretion (latitude) in defining "reasonable visitation" and establishing a visitation schedule.  The sole guideline is the child's best interests, considering the same factors discussed above.  Unconventional lifestyles, sexual preferences, religious beliefs and the like cannot be the sole ground to deny visitation unless detriment to the child is proved.  A visitation order may not be tied to or conditioned upon the payment of child support, as it has no bearing on whether contact with the parent would be detrimental to the child.

As discussed above, it is difficult to change a custody order already in place.  However, where one party fails to comply with that order by frustrating the other parent's visitation rights, several things can be done, including:

• Contempt: imprisoning or fining the custodial parent, provided she has the ability to comply with the visitation order (i.e., sufficient control over the child to compel the child to visit);
• Spousal Support Modification: terminating or reducing spousal support payments to the custodial parent;
• Bond: requiring the custodial parent to post a bond to ensure compliance with the visitation order (used primarily in move-away cases, e.g., conditioning move on bond);
• Injunction: an order preventing the custodial parent from moving or relocating with the child;
• Change of custody: modification proceedings to change custody (the quickest way for a parent to lose primary physical custody is to obstruct the visitation rights of the other parent); and
• Financial compensation: reimbursement of the "reasonable expenses" resulting from having one's visitation rights thwarted (e.g., investigator fees to locate child, travel expenses, attorneys' fees).

Note, however, that minor children should not be left without support because of their parents' misconduct.  Thus, a custodial parent's interference with the other parent's visitation rights does not affect the obligation to pay child support.  Nor is there an emotional distress remedy against a parent interfering with visitation.  Consequently, a separate civil lawsuit does not lie.  Instead, the matter must be addressed by the Family Court through one of the remedies outlined above.