One of the most frustrating things that you can go through as a parent is not being able to see your child. If the child is with the other parent all of the time, then you may feel as though you are being deprived of your right to parent. The good news is that a visitation schedule can be established that will allow you to spend time with your child. You will need to speak with a child custody attorney if you want to know more about your child visitation rights and how you can go about establishing a visitation schedule.
An Overview of Child Visitation Law
Child visitation law is a field that focuses on giving the non-custodial parent the right to see their children. There are many issues that can arise during child visitation. For example, the parents may not be able to agree on a schedule and will have to get the court involved. There are also times when life events may also require a change to the visitation schedule and you will need the assistance of an experienced child custody attorney to alter the visitation schedule.
Many times the relationship between the two parents is not amicable. Contention often results when the custodial parent thinks that the child is not being properly cared for when they are with the other parent. Problems can also result if the non-custodial parent keeps the child for longer than the custodial parent wants them to. Due to the two parties being unable to properly communicate with each other, an attorney is brought in to create a legal visitation schedule that the two parents can agree on.
What Does It Mean to be a Non-Custodial Parent?
If you are a non-custodial parent, then that means that you are not with the child most of the time. The court grants visitation to non-custodial parents because they know that it is important for the child to have both parents in their lives. There are many aspects that can affect child visitation rights. The court will take the following things into account.
- The non-custodial parent’s living conditions
- Geographical location
- If the non-custodial parent has spent time with the child in the past
- Whether the non-custodial parent has had a history of abuse
The court will look at all of these issues and make the visitation schedule with the best interest of the child in mind.
The Best Interests of the Child
The court has to take the child’s interest into consideration. They have to make sure that the parents will be able to provide a safe and nurturing environment. The parent’s emotional status will also be taken into consideration. If the court feels that the child may be in danger physically or emotionally a parent may have their visitation request denied.
Getting a Visitation Order Modified
There are several reasons you will need to get a visitation order modified. Both parents can make a request if they want to have the visitation modified. For example, circumstances can change such as your current work schedule, or the child may be involved in a sports team that has games or practices during your visitation time.
When Will I Need a Family Law Attorney?
Both parents have to cooperate in order for child visitation to work. If you and the other parent cannot come to an agreement, then it is best to hire an attorney. Your lawyer will make sure that your point of view is represented properly. Keep in mind that if your visitation schedule is not followed, this is a crime. Having an experienced child custody attorney on your side allows you to have your rights properly represented.
Many times one parent will try to prevent the other parent from spending time with their child as a way to punish them. You have rights and establishing a legally binding child visitation schedule is very important. Speak with a child custody attorney today to get the process moving forward. If you need an attorney, then you should call our law offices today at any of our convenient locations and get a free consultation.
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