As a Parent, You Have Child Visitation Rights
What is Child Visitation?
Every parent has a right to their kids' lives, but once the parents break up, the court decides to give custody to the parent in the child's best interest. Once the parent takes over custody of the kid, the court will determine the other parent's visitation rights, which is why you want to hire an experienced custody and visitation rights lawyer.
Issues like child support and visitation rights are difficult to change once they’ve been established, so you shouldn’t risk making any decisions without legal advice.
The visitation rights allow the child to spend time with each parent during the specified date and time. Whether one parent fails to get legal custody of the kid, the law gives them right over child visitation.
If the court rules for a reasonable visitation, the parents need to decide when the child will be with either parent. A reasonable visitation varies from state and the type of case. In this case, the court order doesn't give visitation specifications such as date and time.
Once a parent receives a right to visitation, they can determine the reasonable time, visitation dates, and frequency. The visitation order needs to have detailed and specific information to avoid inconveniences and conflicts.
Parents have the right to reasonable visitation of an infant and can spend nights over with occasional visits. In the case of older kids, the parent can visit for an extended period and have overnights.
Even after the court ruling, some parents fail to obey the court orders. In this case, you need to get the help of child custody attorneys in Ontario to bridge the gap and defend your rights.
What Is The Meaning Of A Fixed Visitation Schedule?
In most cases, the parent that didn't receive primary child custody has a right to a fixed visitation schedule. The following factors constitute a fixed visitation schedule.
- Shows the date and time of the parent’s visitation
- The permanent residence of the child.
- Where the child is expected to stay during holidays, summer vacations, and birthdays.
- Where the child exchanges take place.
Parents need to clarify and verify the fixed visitation schedules and stick to the set policies to avoid disagreement. The schedule helps both parents know the agreement terms such as the date, time, and location of child visitation and make early visitation plans.
However, in the case where your ex-spouse denies you visitation as per the terms of the agreement, you need to file a lawsuit with the help of a family law attorney in Ontario to help you fight for your visitation rights.
During Our Stay Together, My Ex-spouse Would Abuse My Children and Me. What Can Be Done to Prevent Abuse During Visitation?
If an ex-spouse was violent during your stay-together, they're likely to extend the same behavior during child visitation. If the court finds a violent history, your custody order will include your protection rights and the child's rights against future violence. Your judge should make a ruling based on the domestic violence history of the spouse.
Often, judges assign supervised visits to keep you and your child safe when the other parent visits. There are licensed supervisors in charge of such visits and third-party mediation through a mutual agreement.
Children get protected in the presence of licensed supervisors. The goal is to ensure that there's no harm to the custodial parent and the kids. Sometimes, the judge will instruct the parent to make regular visits until there's the assurance that the child is safe during visitation.
In most cases, an ex-spouse can choose to disobey your protection rights and get violent during the visit. Seek the help of child custody lawyers for fathers to help you protect your custody rights against violence.
Do Grandparents Have Visitation Rights?
There are grandparents' rights to visitation per state, and each state has its requirements. In some instances, grandparents are only allowed to visit the kids in extreme situations. For instance, the grandparent can visit after the death of one of the parents. Some other states allow grandparent visitation with no restrictions as long as the grandparent has the child's best interest.
Limiting your child's time during grandparents' visitation is a sign that you aren't comfortable with it, and you may need to explain to the judge why you feel the visitation doesn't have the child's best interests.
How Can I Limit My Child's Grandparents' Visitation?
Grandparent's visitations come second after the parents'. However, in cases where the grandparent feels their rights are limited, they can sue for grandparents' child visitation rights and let the judge intervene. The court can rule in favor of the grandparents, especially the cases where the child and the grandparent had a close relationship.
Grandparents are regarded as people full of wisdom, and unconditional love and most create a strong bond with their grandkids. But if you still don't want visitation from the grandparents, hire a family law attorney to help fight for the interest of your kids and minimize the grandparent's access.
How Do I Get To Visit The Kids When My Grandchild's Parents Limit My Access?
First, it's good to understand that as a grandparent, you come second in the kids' lives after their parents. You may not have the right to fight for child visitation rights in some states. However, in other states, you can fight for your rights with the help of child custody lawyers for fathers in circumstances where the parent is deceased or imprisoned.
Also, other states allow you to visit the child if you have their best interest. The child's parents and grandparents can also choose to settle the matter out of court and come to a favorable conclusion. The parties can involve child custody attorneys, to help in the negotiation and come to an agreement.
Can the Other Parent and I Agree on the Visitation Schedule Without Involving the Court?
Parents can create workable schedules and submit them for a conclusion. You know yourselves better than the court. So, both parents can work on the dynamic and let the court review any grey areas to ensure that the final draft has the child's best interest. Make the agreement straightforward and favorable to both parties to avoid conflicts.
Why Should I Hire a Lawyer for Child Custody and Visitation?
The care plan for your child after splitting from your spouse may feel like a private matter, but it’s best to get a legal professional involved. Agreements like child support are difficult to change after the fact, so you need to make sure it’s done right the first time. Paying a lawyer is worth it to make the agreement fall in your favor.