When a couple separates or divorces, dealing with the custody and visiting schedules for their children adds another challenge. A relationship ending can be stressful on its own, but if children are involved, additional levels of annoyance and emotional stress may also be present. A divorce or separation could endanger the children’s daily routine where a parent used to spend every day and holiday with them. Parents frequently experience bitterness, particularly when seeking to determine visitation and custody schedules for their children.
In determining a child custody and visitation agreement, the parent who is named as the custodial parent will have primary custody, and the non-custodial parent will typically be granted visitation rights. Other arrangements can include joint physical custody, which calls for the child to visit both houses and spend equal amounts of time with each parent. In situations when one parent has primary custody, the other parent must petition the court with a suggested timetable to obtain a court order regarding visiting. Without a court order, a visitation schedule is not legally binding. Family law attorneys routinely assist clients in creating parenting plans that are agreeable to both spouses.
In the best-case scenario, parents will collaborate to develop a plan that they approve of, submit it to the court for approval, and then implement it. It is considerably more challenging to create a parenting plan when there is hostility between the parents, and they are hesitant to talk. Visitation schedules can be inflexible and lead to increased hostility if there is no cooperation. All custody and visitation arrangements must, first and foremost, serve the best interests of the kid. Instead of having to divide the child’s time according to what is provided to the court, courts typically prefer parents to come up with their own arrangement. The judge is likely to approve the schedule if both parents come to an agreement, present it to the court, and they believe it is in the child’s best interests.
The court will consider numerous elements that will assist it identify where the child’s best interests lay and will base its judgment on those factors in situations when the parents are unable to agree on a course of action. Experienced family law attorneys can be of great assistance in these circumstances by assisting their clients in reaching a settlement with little or no communication between them.
How Do You Define “Child’s Best Interest”?
A judge will base visitation and custody decisions on what is in the best interests of the kid, or what is known as the “child’s best interest standard.” In any legal procedure, the child is always the most significant party, and courts will always priorities the child’s interests over those of his or her parents. The child’s safety, welfare, health, development, and adjustment are of the utmost importance when considering those variables that are of the highest priority.
In addition to the relationship history between the child and her parents, courts typically consider the aspects. For instance, if a child hasn’t seen her father in years, the court will assess the impact of providing visitation as well as the causes that led to the absence of engagement.
When determining what is in the best interests of the child, the court will also take the following factors into account:
— Any indication of marital violence or abuse.
— The parents’ mental and physical health.
— Substance or alcohol misuse; and/or
— The child’s wishes and whether she is of an adult enough age to express them.
Child Visitation Rights: An Overview
Child visitation and custody arrangements must take parental rights into consideration. To be given visiting rights with their children, unmarried fathers must prove their paternity or appear on the birth certificate. Alternately, if a man has custody of his children, the mother enjoys parental rights that include the right to visitation with her offspring. A court may nonetheless take away a parent’s rights to their child in some circumstances, such as those involving drug or alcohol misuse.
A family law attorney should be consulted as soon as you can if you find yourself in a situation where you cannot visit your child. When you ask the court for visitation privileges, an experienced attorney will analyze your petition and help you.
Can my child visitation request be rejected?
A judge could set visiting restrictions or mandate supervised visits in certain circumstances. However, these situations are rather uncommon. In some, the court could outright refuse to allow child visitation. The refusal of visitation by the other parent is another possibility. If this occurs, it is crucial that the parent keeps a record of every visitation request that is denied and seeks advice from a family law counsel.