Visitation Rights and Separation

An Insight into Different Visitation Rights Separating Couples Should be Aware of

One of the important aspects divorcing couples need to focus on is the visitation rights each of them will have after divorce. As such, let us look at some important questions related to these rights you will have to face during divorce.

What is meant by reasonable visitation?

visitation rightsIf the judge determines that you are eligible to get reasonable visitation then it means that judge has left it upon both of you to decide about visitation time. This proves to be the right approach in a situation where parents are still cooperating with each other. This way parents can create a visitation schedule which will be appropriate for both.

However, it is worth mentioning here that parent having custodial rights over the child will have greater influence in deciding what should be reasonable visitation schedule. In a situation where parents will not be able to cooperate with each other, the best option would be to let the court decide about a fixed visitation program that both parents will have to follow.

How does fixed visitation rights work?

In fixed visitation, the court decides about the place and time for parental visitation that non custodial parent will have to follow. This type of schedule is fixed by court if there is a clear conflict between couples and they are not willing to co-operate with each other.

Additionally, such schedule is also selected by courts since it helps in providing children some stability in a situation which is often quite upsetting for them.

How to prevent child abuse during visitation time?

In case court finds that non custodial parent is abusive and may harm the child during visitation then court will instruct that the visitation should be supervised.

In such situation, all visitations will only occur when there is another adult (apart from custodial parent) present at that location.This person could be someone court appoints or decided by the parents. Moreover, the court should approve such supervisor before the person can perform his or her duties.

Is it possible that grandparents will get visitation rights?

Courts can allow grandparents and even step parents or foster parents visitation rights in case they are able to show valid reasons why court should agree to such request. The court will also take into consideration what parents think about it at the time of taking this decision.

Similarly, in certain circumstances such as when a parent dies, the court will be more willing to consider visitation request made by grandparents.

In which situations it is possible to limit grandparent’s visitation rights?

There should be a valid reason for requesting court to limit visitation rights grandparents have. Some such valid reasons include abusive behavior of grandparents or in case they try to make the kids hate you.

The Bottom Line

From above details it is quite clear that visitation rights tend to be very complex and you will have to consult a competent lawyer to take right steps and enforce the rights you are entitled to.