How to Get Child Visitation Rights: A Step-by-Step Guide

It’s no secret that being a parent is often one of the most fulfilling and complex experiences any of us can have in life. But, when parental rights and the rights of their children come into play, understanding and knowing the steps to take in order to secure and protect those rights is essential. When you are denied visitation rights due to a dispute between you and the other parent of your child, the process of regaining them can seem daunting. But with the step-by-step guide in this blog post, we’ll provide you with all of the information you need to make sure your rights are duly recognized and your visitation rights are restored.

Let’s get into it!

Quick Insight into Key Points

Visitation rights differ based on state laws and your specific situation. Therefore, it would be best to consult with a family law attorney in your area to discuss the details of getting visitation rights for your child.

What Are Child Visitation Rights?

Child visitation rights refer to the legal rights of a non-custodial parent, or grandparent, to spend time with the child. These rights allow for contact between the child and their non-custodial guardian under the supervision of or agreement of the custodial parent(s) or guardian(s). The concept has been around since the late 1970s when parents began to appreciate their importance in maintaining family relationships and structure.

Some opponents of child visitation rights say that they create unequal power dynamics among guardians because they are often determined by court orders and take away parental autonomy. Supporters disagree, arguing that these rights are an important part of families, allowing parents, grandparents and other guardians to have a positive impact on children`s lives. This could include providing emotional support and spending quality time together with their extended family members. Supporters also point out that visitation rights can provide stability for children who may be from broken families.

Whatever side one may take in this debate, it is important for both parties to understand what child visitation rights entail, especially those facing court-ordered arrangements. The next section will explore how court orders can play a role in determining visitation rights.

Court-Ordered Parental Visitation

Court-ordered parental visitation is an option that many separated or divorced parents take if they have difficulty agreeing on the specifics of the child visitation rights. When court-ordered parental visitation is requested, a judge takes into account both parties` wishes, as well as what is in the best interest of the child. There may be times when a parent objects to any sort of visitation at all and must be ordered to do so by a judge.

The decision making process will consider the relationship between the parent and child, the custodial parent’s views, and how long it`s been since the two were last in contact. The court will also look into evidence that demonstrates why it is beneficial for the child to maintain contact with their noncustodial parent. This usually includes examples such as frequent letters or visits from before the separation.

Essential Points to Remember

Court-ordered parental visitation is an option that involves a judge taking into account both parties` wishes, as well as what is in the best interest of the child. The decision making process looks at the relationship between the parent and child, the custodial parent’s views, and how long they`ve been out of contact. It is not intended to punish either party, but rather to ensure that the child gets the time needed to develop an appropriate bond with their noncustodial parent. Although court-ordered visitation can have positive effects such as maintaining links with both parents, there are also risks involved that need to be carefully considered before proceeding down this path. Voluntary parental visitation rights is another option for separated or divorced parents to consider.

Making a Visitation Agreement

When both parents have been legally determined to have equal rights to custody and visitation, the next step to getting child visitation rights is making a visitation agreement. Depending on the maturity of both parties, this can be done with or without the help of a

. It’s important to make an agreement that will be beneficial for both parents, as well as in the best interest of the child.A potential benefit of creating an agreement without help from a

is that it may not cost as much money. However, it may also put both parents at risk for overlooking something important when discussing custody and visitation. On the other hand, having a legal professional oversee and draw up a visitation agreement could provide more clarity and make certain ways to settle disputes easier if they arise down the road.Ultimately, when it comes to creating a visitation agreement each situation will vary and require careful consideration. Each parent should make sure their own interests are addressed as well as considering what would benefit the child. Having an agreement in writing is beneficial for ensuring all obligations agreed upon by both parties are established in writing and binding on them. This contractual language can make enforcement much easier if one parent reneges on their responsibility down the line.Once an agreement has been drafted and finalized its best to move into mediation so that any possible issues surrounding care support or relocation can be discussed further while upholding the wishes of all parties involved. In the next section we will discuss how to move forward with these topics through mediation and how to manage child support if applicable.

Common Visitation Schedules

When it comes to deciding on the form and frequency of child visitation rights, the best interests of the child are paramount. As such, there is no one-size-fits-all solution. However, some more common child visitation schedules may be used as a starting point for discussion.

One popular option for visitation rights is every other weekend with one night midweek visitations. This is often appropriate for parents who live in different cities, as it allows them to have sufficient but limited contact with their children. This type of schedule also provides predictability and stability for the children, as they will have consistent patterns for when they will see each parent.

Alternating weeks is another common visitation schedule in which one parent has decision-making authority over the week the other is scheduled to spend with their children. This pattern can be beneficial for families whose parents live near to each other and work similar hours, as both can be more involved in day-to-day parenting responsibilities. The downside being that the children do not get to enjoy quality time with both parents at the same time and may feel like they are being tugged between two households instead of having both involved simultaneously.

Shared custody arrangements where parents divide parenting time evenly such as fifty/fifty are not as common as many think, and there must be clear criteria met in order for this type of arrangement to be considered fair and balanced by the court. Examples include situations in which both parents live close enough to one another to create a reasonable assumption they can provide effective parenting while remaining within an acceptable distance from each other or when both have significant daily availability and resources.

Another factor to consider when constructing a visitation schedule is whether parents can reach agreement about who will handle birthdays and holidays, or if all should alternate year-by-year, biennially or quarterly. All these details should be included in any negotiated agreement so that expectations are clear, structured and predictable.

No matter which child visitation schedule is chosen, understanding that regular communication and cooperation between both parents can make all the difference when it comes to promoting peaceable coparenting and achieving a successful outcome that works in the best interest of their children.

With this in mind, we turn our attention next to discussing what types of considerations might help shape a decision around what constitutes the best interest of the child when it comes to making choices about visitation rights.

• According to the American Academy of Matrimonial Lawyers, 56% of divorce legal help have seen an increase in cases involving grandparents seeking visitation rights.
• A study conducted in 2019 found that mothers are more likely to support requests for visitation rights for fathers than fathers are for requests from mothers.
• In 2019, a survey by the National Center for State Courts revealed that on average it can take 10 months from start to finish to resolve a visitation case in court.