Divorce can be difficult for all the parties involved. If you have children, the most challenging part about divorce is telling your kids about them. Among the battles in a divorce, one of the most challenging parts is the custody battle. Nobody wants to lose their child in a divorce. When you go to trial, the child’s best interests outweigh the parents' choices.
Thankfully, one parent winning custody of the child does not automatically mean the other parent cannot meet the child. This is why it is essential to learn about child visitation rights. Meeting with a child custody expert is crucial to gain the best outcome from your divorce. Hire an experienced attorney today.
FAQs about child visitation rights
What is the difference between child custody and visitation?
A child custody battle is a process where both spouses work to claim the custody of their child. Usually, joint custody is given to both parents. However, in cases where one spouse is unfit to be a parent due to reasons such as addiction, the judge awards a single-parent custody.
On the other hand, child visitation is given to the non-custodial parent so that they can meet with the child at a scheduled time and place.
Who decides the child visitation rules?
The parents of the child decide the child's visitation rules. They determine the time, place, and frequency of the visitation, considering the child's best interests and the parents' convenience. Once an agreement is reached, it is then finalized by the judge. If the parents cannot agree, the judge will decide the visitation terms.
Which factors are considered while deciding visitation rules?
The court considers the following for visitation:
- The age, health, and emotional needs of the child.
- How close the child is with each parent.
- The parents’ living conditions and ability to provide and care for the child.
- Parents’ work schedules.
- History of abuse and neglect of the parents.
Is there a law for standard visitation?
There is no specific law for visitation rights. This is because every child and family has different issues and needs. There is no one-size-fits-all. Therefore, the court decides everything based on the best interests of the child as well as the parents’ financial and other conditions.
Can you change visitation rules?
Yes. If you do not agree or are comfortable with the current visitation schedule and rules, you can file an appeal in the court. However, you must also prove why you need a different term.
Hire an attorney today. If you are a non-custodial parent and want to change visitation rules, an attorney can help you.
