I want to increase my stepparent visitation rights, how can a family lawyer help me? (California Family Code section 3101)

Stepparent visitation is a complex family law matter. Although modifying a denial of stepparent visitation rights is not possible, modifying an order to increase or decrease visitation time is possible. As a stepparent, it is important to understand that obtaining increased visitation rights with a stepchild is not a simple process. The preferences of the biological parents will take precedence and may limit the amount of visitation time you may have with your stepchild. It is therefore essential to have the assistance of an experienced stepparent visitation rights attorney at Wallin & Klarich in your case.

If you or a loved one has a stepparent visitation rights matter that needs assistance, contact a Wallin & Klarich attorney today.

Factors for Increasing Stepparent Visitation

Under California Family Code section 3101, a court may increase a stepparent’s visitation rights if the court determines that increased stepparent visitation is in the best interest of the child. To demonstrate that increased stepparent visitation rights is truly in the best interest of the child, your Wallin & Klarich lawyer will need to build a strong case on your behalf. Factors the court will consider when determining whether to modify your stepparent visitation rights include:

  1. The degree of the stepparent’s participation at a significant level in the child’s life;
  2. The length of time that the stepparent has participated as an actual parent for the child in place of the child’s natural parent;
  3. The existence of any relationship and emotional ties between the stepparent and the child;
  4. The amount of financial support and assistance provided by the stepparent; and
  5. The degree of detriment that will be caused to the child if the stepparent is denied increased visitation.

 

Presumption of Validity of Natural Parents’ Objection

The biological parents of the child may object to an increase in your visitation rights. In such cases, the court will presume that the parents’ objections are valid because parents have the right to make decisions concerning the control of their children.

If you are a stepparent and both of your stepchild’s biological parents are against increased stepparent visitation, you are required to establish to the court that denial of increased stepparent visitation would be detrimental to the child. Since the burden of proof is placed on you as the stepparent seeking visitation, your attorney must overcome the presumption of validity to a parent’s objection to increased visitation.

Your Wallin & Klarich attorney will carefully review the facts of your case to show that increased stepparent visitation rights would be in the best interest of the child.
 

Finding an Experienced Stepparent Visitation Attorney

As a stepparent who has built a close relationship with a stepchild, it is important that you retain a Wallin & Klarich stepparent visitation rights attorney who not only understands the family law courts but can also fight for your rights. At Wallin & Klarich, we understand the relationship that you have with your stepchild and are here to help you get increased visitation rights. Wallin & Klarich has been successfully helping stepparents in Southern California obtain increased visitation rights with their stepchildren for over 30 years. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at: 1-888-749-7428 or submit our intake form online. We will get through this together.

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    Paul Wallin is the senior managing partner at Wallin & Klarich. With over thirty years of experience handling many types of criminal defense cases, Paul Wallin has a tremendous amount of knowledge when advocating for his client´s rights. Paul Wallin prides himself in going the extra mile to put his clients at ease especially when they are facing allegations of criminal misconduct and are stressing over it. Many have trusted Paul Wallin and his team at Wallin & Klarich to assist them in their darkest hour.

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