Visitation refers to time spent with a child. A parent, grandparent, former stepparent, or other person could request parenting time from the courts, but only legal parents have a right to visitation.
Consult a New Canaan visitation lawyer about issues regarding parenting time and visitation. An experienced family attorney can explain your rights and help you devise a strategy to meet your goals.
When parents divorce or separate, they must establish a plan for caring for their children. The plan must describe a schedule for when the children will be with each parent, who will have decision-making authority, and how the parents will resolve disputes. They must submit their parental responsibility plan to the court for approval.
Courts in Connecticut favor plans that allow both parents as much time with their children as possible. There is a presumption that time with each parent is in the children’s best interests unless evidence indicates otherwise.
When parents have joint or shared custody, each has parenting time while the children are living in their home, even if the parent is at work or the children are at school. When one parent has primary custody, the other has the right to see the children as often as their schedules allow, as long as the contact is in the children’s best interests.
The mother is the only legal parent when an unmarried couple has a child. The father gains legal parental rights when he and the mother complete an Acknowledgement of Parentage and submit it to the Department of Health’s Bureau of Vital Statistics. Same-sex couples can also complete the form to make both individuals legal parents to a child born with assisted reproduction technology (ART).
Legal parents have a right to visitation absent a demonstration that contact with the parent would be harmful to the child. A biological parent who has not established themselves as a child’s legal parent does not have the same rights and must determine parentage before they will be granted visitation. Any parent uncertain about their status should discuss the matter with a visitation lawyer in New Canaan.
Sometimes, one parent may believe their co-parent poses a danger to the children. Courts will consider requests to restrict visitation but rarely deny a parent access to their children. More often, the court requires supervised visits with the children until the individual proves they can provide a safe and wholesome environment.
Judges base all decisions regarding parenting time on the children’s best interests. According to Connecticut General Statutes § 46b-56, a judge considers the following:
The parent must have proof of the dangers they allege—courts may consider making false or exaggerated accusations as acting against the children’s best interests, which could have implications for custody decisions. Any parent considering asking a court to limit their co-parent’s visitation time should consult a New Canaan attorney first.
Legal parents are the only people with a presumptive right to visitation, but other important individuals in a child’s life can request visitation. These situations often arise when there is a rift in the family and a grandparent, sibling, stepparent, or former stepparent wishes to maintain contact with the child. Courts respect a parent’s authority to determine who has contact with their child.
However, a judge can allow visitation with a non-parent if the person can meet the high burden of proving that they had a parent-like relationship with the child before contact was terminated and that severing contact will harm the child. This is a demanding standard, but it is possible in certain circumstances. Any non-parent seeking court-ordered visitation with a child should consult a New Canaan lawyer.
Maintaining meaningful contact with children can be a concern after a divorce. The law protects parents’ rights to spend substantial time with their children, but others must meet a high standard to get visitation rights over a parent’s objections.
Discuss your concerns with a New Canaan visitation lawyer who can explain the law and evaluate your legal options. Contact our law office today to schedule an initial consultation.
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