Puja Sachdev | July 31, 2025 | Child Custody
Belmont Park in San Diego is a favorite destination for families across California with its beachfront roller coasters, arcade games, and boardwalk atmosphere. It’s a great way to make memories with your children. But if you’re a non-custodial parent, you may wonder whether you’re allowed to take your kids to Belmont Park during your parenting time.
As with many parenting decisions after a divorce or separation, the answer depends on your custody agreement, court orders, and the specific facts of your case.
Legal vs. Physical Custody
To understand your rights as a non-custodial parent, it’s important to distinguish between legal custody and physical child custody.
Legal custody refers to the right to make decisions about your child’s education, medical care, religion, and general welfare. Physical custody refers to where the child lives and who is responsible for day-to-day care.
If you’re a non-custodial parent, that typically means your child doesn’t live with you the majority of the time. However, you likely still have visitation rights or parenting time outlined in your custody order.
You may share joint legal custody over your child even if you don’t have primary physical custody. This arrangement allows you to make certain decisions during your parenting time.
Examine the Terms of Your Parenting Plan
In most California custody cases, the parenting plan or custody order will spell out each parent’s rights and responsibilities.
Terms should address:
- When and how long you have your children
- Any restrictions on travel or activities
- Requirements for parental consent
If your custody order does not restrict day trips or local travel, you can likely take your kids to places like Belmont Park during your scheduled time. Belmont Park is a local, family-friendly venue that would typically fall under “reasonable activities” a parent can plan without needing permission.
Limitations of a Parenting Plan
However, it’s important to review the specific language of your court order.
Some custody agreements include limitations like:
- Not taking the child more than a certain number of miles from home
- Requiring notice or consent for specific outings
- Special rules for public events or large gatherings
If your order includes these provisions, violating them could lead to conflict with the other parent.
When You Might Need the Other Parent’s Permission
In some situations, you should get consent from the custodial parent before heading to Belmont Park.
These include:
- Overnight stays in the San Diego area, if it’s outside your visitation window
- Trips involving third parties (e.g., if you plan to take your new partner along)
- If your custody order requires pre-approval for all trips
- If your child has health, behavioral, or educational concerns that could be aggravated by the outing
If the custodial parent refuses to let you take the children to Belmont Park, and there’s no clear legal basis in your court order to justify that restriction, you may be able to enforce your visitation rights through the court.
California law gives non-custodial parents the right to spend meaningful time with their children, and unjustified interference may violate your parenting plan and the law.
Contact the San Diego Child Custody Attorneys at San Diego Divorce Lawyers, APC for Help Today
California courts prioritize the best interests of the child. If the proposed trip to Belmont Park is safe, age-appropriate, and occurs during your court-ordered parenting time, there’s a strong argument that you should be able to go.
If you’re unsure about your rights as a non-custodial parent or facing resistance from the other parent over activities like a trip to Belmont Park, you should speak with a San Diego child custody lawyer at San Diego Divorce Lawyers, APC. Our attorneys can help you interpret your custody agreement, protect your parenting rights, and resolve disputes through legal channels if necessary.
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a complimentary case evaluation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
