Visitation rights are important for people navigating parenthood after divorce. They outline how parents who don’t have custody of their children can spend time with them, with the goal of ensuring that both parents get to nurture relationships with their children.
In cases where the non-custodial parent is considered unfit to be alone with the child, they can have supervised visiting schedules.
A visitation agreement can also be drafted, which will include information about the child and visitation schedules so that the non-custodial parent still plays an important role in the child’s life.
Read the rest of this article to explore more about visitation rights and when you should hire a lawyer to help you enforce your rights. The relationship with your child doesn’t have to be damaged by challenging circumstances.
What are Common Types of Visitation Rights?
There are various types of visitation rights that can be awarded to parents. These include the following.
Supervised Visitation
This includes a third party being present for the visitation, such as a social worker. As mentioned earlier, if the court deems a parent unfit for one-on-one time with the child, they’ll order supervised visitation to guarantee the child’s wellbeing.
Unsupervised Visitation
This is when the non-custodial parent can schedule time alone with the child in any location of their choice, as long as the custody agreement allows it.
Virtual Visitation
If the child’s parents live far away from each other, such as in different states, there’s the option of virtual visitation.
How are Visitation Rights Established?
Visitation rights can be established by parents negotiating a visitation schedule with the child. If they can’t reach an agreement on their own, such as if they don’t get along, a court order can establish the rights.
If you require a court order, you’ll have to file a petition. This should include an explanation about the visitation schedule you want. Parents will be able to present their cases in front of a judge.
Courts usually prefer parents to enter mediation to reach an agreement on their own. Mediation involves hiring a neutral third party to encourage communication between parents so that they can compromise and decide on a visitation agreement that’s fair to both of them.
In cases where mediation isn’t successful or possible between parties, they can attend a hearing. The parties’ lawyers will collect and present evidence and bring witnesses to support their cases. The judge will deliver a verdict, based on what is considered best for the child.
How Do Courts Decide on Visitation Rights?
Legally, courts usually consider important factors when giving visitation rights, such as the:
- Child’s age and requirements.
- Parent-child relationship.
- Child’s safety and stability.
What’s the Difference Between Custody and Visitation Rights?
Visitation rights enable parents to spend quality time with their children after divorce, but the parents’ specific situation needs to be taken into account. If required, the courts can determine how regularly this happens and if supervision is required during parent-child visits.
Although a parent can gain a visitation schedule in order to spend time with their child, they don’t always have the right to make decisions about the child’s life, such as in terms of their medical care.
This is how custody plays into the situation. A parent requires either full or shared legal custody of the child to be allowed to make important decisions about the child’s life.
What is a Visitation Agreement?
A visitation agreement is a document that both parents draft, either during their divorce settlement agreement or as its own document. It basically outlines terms for the visitation rights and how the visitation schedules will work moving forward.
What’s great about a visitation agreement is that both parties can draft it outside of court.
A visitation agreement usually includes the following information:
- The visitation schedule for the non-custodial parent to follow, with specific days and times.
- Where children will spend their festive and school vacations.
- Communication tips and rules parents should follow to ensure collaboration and respect.
- What happens when there are unexpected changes to the visitation schedule.
- Who will transport the child to their scheduled visits.
- How parents can deal with disagreements over visitation schedules or rights.
Can You Change Visitation Orders?
If you want to adjust the visitation order you’ve been given, you can do this by filing a motion to the court. Your lawyer will be able to assist you with this. In most U.S. states, you’ll have to show evidence of a big change in your circumstances that warrants a change to the visitation rights.
This process can sometimes be complicated because of the rules involved that vary from one state to the next. A lawyer will help you to file a motion if you and the other party can’t seem to reach an agreement on visitation adjustments.
How Can a Lawyer Help You with Visitation Rights?
Having a lawyer who supports your case is invaluable so that you don’t have to navigate the visitation rights process alone. Although you don’t always need a lawyer, such as if you and the other party can agree on visitation terms, there are some important ways in which lawyers can help you.
- A lawyer will explain your rights in the situation and what you’re entitled to, such as regular visitations.
- They’ll guide you on your specific case, helping you to understand what judges will or won’t approve.
- They’ll help you mediate with the other party to draft an agreement that works for both of you.
- They’ll draft a visitation schedule for you that’s clear and specific in nature, such as by defining pick-up and drop-off times.
- If you need to go to court, your lawyer will represent you. They’ll file motions and present the appropriate evidence so that you increase your chance of success.
- They’ll protect your interests and focus on what’s best for the child involved, such as if the other party claims you’re unfit when this isn’t the case.
- By being an outsider and third party, your lawyer will have a good legal perspective on the issue. They’ll focus on facts that achieve results instead letting heated emotions obstruct the process or contribute to errors.
Do you need a lawyer for visitation rights?
The issue of visitation rights can be fraught with emotional turmoil, so it’s best to hire a lawyer for assistance. You can work with a professional lawyer on ContractsCounsel, an online legal network that connects clients with vetted lawyers. They’re interested in your case and will help you legally enforce your visitation rights so you don’t miss out on your child’s life.
