When the court awards primary physical custody of a child to one parent, the other party may receive set visitation. The court will establish a certain amount of parenting time wherein the person without primary custody can visit their children.
As a parent, it is vital to spend valuable time with your children. Without a seasoned family law attorney on your side, you may end up receiving an inadequate amount of parenting time. To improve our chances of a favorable outcome, reach out to a New Haven visitation lawyer as soon as possible.
Visitation is ordered by a family court judge. Parents who were married often determine a visitation schedule during dissolution proceedings, and that agreement is incorporated into their divorce order. However, in a contested hearing on visitation, the judge ultimately creates a plan for the non-custodial parent to see their child, including setting the frequency and duration of visits, as well as establishing times and locations for the exchange of the child.
Both parties must adhere to the court order, as it is legally binding. If one party fails to comply with the agreement, the other parent can bring a motion for contempt to hold them accountable. Parents that are on good terms and can effectively co-parent may benefit from a more flexible arrangement.
In response to a motion for contempt, the judge would either enforce the existing visitation agreement or modify it in accordance with the facts of a case. A diligent lawyer familiar with visitation laws can provide more information about what may constitute a breach in the agreement.
A biological parent that does not have primary physical custody of their child can seek visitation. If the parents were not married when their child was born, a father will need to prove his paternity by providing the child’s birth certificate that lists his name.
However, in cases where the father’s name is not on the birth certificate, an acknowledgment of paternity is required. Once the court is sure that the seeking party is the child’s biological parent, the judge will determine the frequency and type of visitation awarded based on the child’s best interest.
In certain situations, grandparents may seek visitation with their grandchildren. However, the standard of proof for non-parents to obtain visitation is much higher than it is for parents.
Grandparents must prove that they have a parent-like relationship with the child. Additionally, they must establish that withholding visitation rights from them would be detrimental to the child’s well-being.
Possible scenarios in which the court might award a grandparent visitation is if they prove the child’s biological parents are unfit to raise the child alone. Due to this higher standard of evidence for non-parents, it is best to seek legal help from a skilled attorney to obtain court-ordered visits with a child.
Parents have a right to spend time with their children, and our New Haven visitation lawyers can work with you to obtain court-ordered visits. Our legal team can build a strong case to prove that awarding you visitation would be in the child’s best interests.
Conversely, if your former partner is unfit to parent, you might need help building a case against them obtaining visitation. Regardless of your needs, contact us today to discuss how we can help achieve your custody goals.