If a parent in California is denied custody of his or her children, it is still possible for that parent to have visitation rights. Typically, a noncustodial parent is allowed to see a child on weekends or holidays. However, a visitation plan can be customized to meet a parent's needs and to ensure the best interests of the child are being met. A judge will likely prefer that parents come up with their own plan whenever possible.
It is important to recognize that there are many reasons why a parent can be denied custody of a child. Many of these reasons have nothing to do with a parent being unfit to raise a son or daughter. Instead, a judge may decide that a child would benefit more from staying in one home as opposed to living in two.
In some cases, a noncustodial parent lives too far away to be given physical custody of a son or daughter. Those who are interested in the rationale for denying custody in a given case can ask the judge for his or her written ruling. Those who are denied physical visitation rights may be given the ability to write, call or video chat instead. It is also possible to ask a court to modify a visitation order if circumstances change.
In a child custody case, there are many factors that could go into a judge's ruling. An attorney may help a parent understand what those factors are and help that person take steps to improve the odds of winning custody. For instance, a parent may be able to move closer to a child or secure full-time employment. Even if that isn't enough to obtain custody, it might help that person obtain significant visitation rights to their child.