Do I Need a Court Order for Visitation in California?

You are not legally required to have a court order for child visitation.

However, in California, if there is no court order, any parenting or visitation arrangements between the parties are considered informal and not legally enforceable. This means that if one parent chooses not to follow the informal agreement, law enforcement and the courts generally cannot intervene to enforce the agreement unless there is a court order in place.

If you do have a court-ordered visitation schedule, the other parent is legally obligated to comply with it. If they refuse, you may ask the court to enforce the order or seek other legal remedies. However, courts typically do not punish a parent for not using their court-ordered visitation time. In other words, courts enforce visitation rights but generally don’t force a parent to use their time unless there’s a concern that the child is being harmed or neglected.

Visitation orders can be part of a divorce, parentage case, or a Domestic Violence Restraining Order (DVRO). A court can order various types of visitation:

• Scheduled visitation with specific days and times,

• Reasonable visitation, which is flexible but requires good communication,

• Or supervised visitation, where a third party is present for safety reasons.

Remember: visitation orders protect your parenting time—and your child’s right to maintain relationships with both parents.