Child Visitation, Parenting Time & Grandparent Visitation
How to Get Child Visitation & Parenting Time
Child custody and visitation are commonly litigated issues, but there is a way to avoid long, drawn out court battles. When it comes to child custody issues in a divorce, a major sticking point often times is the issue of child visitation. This typically comes into play when one parent is granted full custody of the child, but can be involved in both sole custody and joint custody cases. While the custodial parent may have full custody, that doesn't necessarily mean that the other parent won't be able to get visitation rights to see their children from time to time.
How this visitation works out and how parenting time is scheduled greatly depends upon each individual custody battle. There are a few misconceptions about visitation but here are a few of the things that people will typically encounter when it comes to visitation rights.
Some people feel that when it comes to child visitation, the courts determine the details of when a particular parent is able to visit their children. In some cases, this is precisely what happens. In most cases, however, if the parents can agree to an acceptable visiting schedule, they can present a plan to the court for approval. If it's reasonable and both parents agree to the schedule, the courts will typically approve it. Some jurisdictions have child visitation guidelines in place under their child visitation law.
In other cases, the courts may decide on what is known as a fixed visitation agreement. This typically happens when the two parents are unable to reach an agreement on terms of scheduling visitations.
Depending on the particular situation, the courts can be very general with the requirements that a parent must adhere to during their visitation. In other cases, the courts can be extremely specific in detailing predetermined times and locations. In addition, there can be rather significant and severe results if a parent does not strictly abide by the courts visitation schedules, which can include the revoking of the parent's rights to visitation.
Another issue that comes up is if grandparents are permitted visitation rights to their grandchildren. In every state, there are stipulations that allow grandparents to maintain a relationship with their grandchildren through grandparent visitation rights. Each state's laws and requirements will vary greatly, so it will largely depend on what state the child custody process is being adjudicated in.
Lastly, if a parent has received full custody of their children and there is a concern about abuse to the spouse who has full custody of the children, or abuse to the children themselves, the court may still grant the other parent visitation rights. However, these rights will typically include supervised visitation. This can be a person who is either known or unknown to the parents and no visitation will be able to take place without a third-party supervisor being able to monitor the safety of the parent, as well as the children.