Divorce is fairly common in a country like the United States. The divorce rate is about two per 1,000 couples. It’s a high rate, considering about five marriages per 1,000 people. Divorce can lead to many complications, including deciding who gets to keep the kids. This is where visitation rights come in.
When it comes to visitation rights, there are a lot of things that people need to know. Unfortunately, many parents don’t clearly understand what these rights entail or how they can be enforced. This article will provide an overview of the essential things everyone should know about visitation rights.
What are Visitation Rights?
In short, visitation rights are the legal right of a non-custodial parent to visit their child. The court will determine the amount of time that the non-custodial parent is allowed to spend with their child. In some cases, the custodial parent may also have visitation rights.
It’s important to understand that visitation rights are different from custody. Custody determines which parent has the legal right to decide their child’s life. This includes decisions about education, religion, and medical care. Child custody attorneys are required for child custody. They can also determine the visitation rights of the other parent.
Two Types of Visitation
There are two types of visitation: supervised and unsupervised.
Supervised
This kind of visitation means that the non-custodial parent can only visit their child when another adult is present. This adult is typically a court-appointed supervisor. In some cases, the custodial parent may also be required to be present during these visits.
Unsupervised
This kind of visitation means the non-custodial parent can visit their child without another adult present. This is typically the preferred type of visitation because it gives the parents more freedom. It also allows the child to spend more time with each parent.
How is Visitation Scheduled?
The court will determine the amount of time the non-custodial parent is allowed to spend with their child. In some cases, the custodial parent may also have visitation rights. The visitation schedule will consider both parents’ work schedules, the distance between their homes, and the child’s age.
It’s important to note that the visitation schedule is not set in stone. If there are changes in the work schedule or distance between the homes, the visitation schedule can be modified.
Enforcing Visitation Rights
If the non-custodial parent is not given their scheduled time with their child, they can take legal action. This typically involves going back to court and asking a judge to enforce the visitation order.
If the custodial parent prevents the non-custodial parent from seeing their child, they may be held in contempt of court. This can result in a fine or even jail time.
It’s important to understand that visitation rights are not absolute. There are certain situations where visitation may be limited or even denied altogether. These include a history of abuse or if the child is not comfortable around the non-custodial parent.
Can Your Visitation Right Be Terminated?
The termination of visitation rights is a serious matter. It typically requires a court order. Visitation rights can be terminated if the non-custodial parent threatens the child or if they have neglected their visitation schedule.
It’s important to understand that visitation rights are not always guaranteed. If you have trouble getting visitation with your child, you should speak to an experienced attorney. They can help you understand your legal options and fight for your visitation rights.
Mediation Between Partners
In some cases, the parents may not be able to agree on visitation on their own. In these cases, mediation may be necessary. Mediation is a process where the parents meet with a neutral third party. This third party can help them agree on visitation.
You should consider mediation if you have trouble agreeing on a visitation schedule. It’s typically less expensive and time-consuming than going to court.
Key Takeaways
Now that you know the essentials about visitation rights, here are some key takeaways:
Visitation rights are the legal right of a non-custodial parent to visit their child.
- There are two types of visitation: supervised and unsupervised.
- The court will determine the amount of time the non-custodial parent is allowed to spend with their child.
- If the non-custodial parent is not given their scheduled time with their child, they can take legal action.
- Visitation rights can be terminated if the non-custodial parent threatens the child or if they have neglected their visitation schedule.
- In some cases, mediation may be necessary to help the parents agree on a visitation schedule.
Visitation rights are essential for every parent, and you should work for it if you have the chance. It’s suitable for your child, given that your ex-spouse believes in it too. It can make co-parenting a lot more manageable for both of you.
