Share This Post
Child Visitation Rights During and After a Divorce That You Should Know
A solid parenting plan is the best way to ensure you can see your children during and after a divorce. But what happens if you don’t? And how do you get visitation rights as a non-custodial parent? You must know your options and understand what’s required of you when it comes time for court-ordered visitation.
We’ll discuss everything you need to know about child visitation rights in this quick and easy guide; read on to learn more!
After a divorce, the legal process to determine child visitation is called ‘custody.’ Custody can be sole or joint. Sole custody means that one parent has all the decision-making responsibility for the child(ren), whereas joint custody allows both parents to have equal rights and duties.
Physical custody refers to where the child lives, while legal custody refers to who makes decisions related to the day-to-day care of the children.
Primary physical custody is where one parent has a primary residence with their children, also called residential placement. Secondary physical placement means having visitation rights with your children at another location (the other parent’s home).
Primary legal custodianship gives you full decision-making authority over matters related to raising your child(ren). Secondary legal custodianship gives you limited decision-making authority over issues such as school activities and religious affiliation; these decisions are made in collaboration with your ex-spouse.
The Judge’s Final Decision
The judge can order joint custody, which means that the child lives with both parents, and each parent has equal decision-making power. The court can also order sole custody, where one parent has sole decision-making authority over the child’s upbringing.
If you have visitation rights, the court will decide whether they are supervised or unsupervised. Supervised visitation is when you visit your children at a place chosen by the other parent or another person who has been given this right by a court order (like a grandparent). Unsupervised visits are when you only get to see your children at specific times without supervision from another adult.
If the parents can’t agree on custody, the judge must decide. The judge will look at what’s best for your child and consider how much time each parent has spent with the child. The court may award sole custody of one parent or joint physical and legal custody (this means both parents have equal rights to make decisions about the child). If a parent isn’t awarded any visitation, they won’t be able to spend time with their children.
If a parent wants to see their child, they have that right. However, this may not be possible depending on the circumstances and the other parent’s wishes. In general, if parents cannot agree on how often or for how long to have visitation with their child(ren), the court will decide for them. If there are serious safety concerns about one of the parents (for example, domestic violence or substance abuse), then the court will likely restrict visitation rights.
If there is evidence of abuse, the court can restrict visitation rights, including domestic violence and substance abuse. For example, suppose you are working on a case where one parent has been physically abusive to the other parent and children. In that case, your lawyer may be able to argue that it’s in the best interest of the child(ren) for visitation rights to be restricted or suspended until things get better.
Child Visitation Rights: Conclusion
If you’re worried about your ex having access to your children, you should contact a lawyer as soon as possible to prepare for your day in court. You must be prepared to explain why it’s in the children’s best interest for them not to visit their father/mother.
Your lawyer will advise on what evidence needs to be presented and make sure that this evidence is properly documented. This means taking notes from conversations with family members and friends, making sure all medical records are up-to-date and available if necessary, etc.
We hope this article has given insight into your child’s visitation rights after a divorce. If you have any questions about how our law firm can assist with this process or anything related to family law, please don’t hesitate to contact us today.