What is the test for a parent to have a right to visitation?

California, United States of America


The following excerpt is from Robert D., In re, 151 Cal.App.3d 391, 198 Cal.Rptr. 801 (Cal. App. 1984):

The right to parent can only give way upon a clear and convincing showing of parental unfitness and detriment to the child. However, we are not here concerned with an award of custody but simply a temporary right of visitation. The right of visitation while not being equivalent of full custody is a limited form of custody during the time the right is being exercised. (See Perry v. Superior Court, supra, 108 Cal.App.3d at p. 483, 166 Cal.Rptr. 583.) Against this conceded intrusion on the right to parent must be measured the section 4601 grant of right of reasonable visitation where the interests and the welfare of the child are to be benefited.

Other Questions


When will a non-custodial parent's obligation to pay child support be diminished if the custodial parent has interfered with custody or visitation rights? (California, United States of America)
Does a defendant have a parent's right to parent and right of free expression in a criminal case? (California, United States of America)
In what circumstances will the court grant a parent's right to waive counsel in a termination action brought to terminate parental rights? (California, United States of America)
Is a non-custodial parent's obligation to pay child support unaffected by the interference of the custodial parent with visitation? (California, United States of America)
What is the test for terminating the parental rights of a natural parent? (California, United States of America)
What is the test for terminating a parent's parental rights? (California, United States of America)
What is the test for terminating parental rights of a natural parent? (California, United States of America)
What is the test for terminating a parent's parental rights? (California, United States of America)
What is the test for determining whether a parent is a custodial parent or a non-custodial parent? (California, United States of America)
Does a father need to look after his own legal rights by asking the juvenile court to order a bonding study before terminating his parental rights? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.