The Visitation Rights of the Parents: frequently Asked Questions

The problems with the custody of minors are never simple, and the visits tend to be a priority for the people in the process of divorce. As a first step, it is important to know the laws of your state regarding the custody of minors. Below you will find some of the most frequently asked questions about visitation rights of the parents after a separation or divorce.

The judge mentioned “visiting the fair”, what does that mean?

If the judge who presides over your separation or divorce determined that you or your former spouse have the right to “visit reasonable”, this means that it depends on the child’s parents (you and your ex-spouse) to reach an agreement about what will be the schedule of visits. When the parents cooperate, they usually prefer this option before you that another way to determine the schedules of the visits, as they allow parents to organize their own schedules.

In practice, however, the parent who has the custody rights will have more power and influence over what is considered the “go to fair” in terms of time and duration. The custodial parent does not have a legal responsibility to accept any schedule of visits that we propose. However, if a parent is not being flexible for reasons of malice toward his ex-spouse, a judge may take this into account in the case of the father to then make a claim.

For a schedule of visiting reasonable to work, parents must be willing to communicate in a healthy way and rational. If you know or believe that you and your former spouse cannot cooperate and agree on a plan of visit reasonable, tell the judge and insist that you are assigned a schedule of visits fixed. In addition, if you and your former spouse currently have a plan to visit reasonable to that is not working, you can go back to court and ask for a different arrangement in terms of visitation rights.

The judge ruled that has the schedule of “well-fixed”, what is that?

In general, a schedule of visits is fixed the one in which the judge sets the times (and sometimes places) where the non-custodial parent make the visits. For example, a non-custodial parent could have visitation rights on the nights of the days Monday and Wednesday or only during the bank holiday weekends. Judges tend to opt for the schedules of visits fixed when it is apparent that there is still a conflict between the parents or if they are not willing to cooperate. Also, some judges opt for the schedules of the visits fixed because they provide a certain stability that children can rely on a period of their lives, which is usually sad and confused.

My former spouse we often assaulted them physically to our children and to me. Despite this abuse, he still has visitation rights. How can I avoid the aggression during the visits?

If your former spouse has a history for aggression, especially toward his children, you can puntualizarlo in court when the judge is deciding visitation rights. In general terms, if the judge believes that the parent without custody will probably hurt or agredirá the child during the course of the visits, order that all of them are supervised. This means that, in order to avoid aggression towards the child, it will be necessary the presence of another adult (someone who is not the custodial parent) at all times that the non-custodial parent spend with the child. This other person may be someone who have chosen the parents, by common agreement or, at times, is a person designated by the judge for that purpose. However, all supervisors must be approved by the court before carrying out their function.

Do the grandparents of my children have the right to visitation?

All states in the country have any law that allows for different types of visits of the grandparents. Through these laws, grandparents (and sometimes other people, such as adoptive parents or stepparents) may ask the court to grant them the right to continue their relationship with the children. However, each law is different as to what a grandparent needs to show to obtain this legal right. In addition, courts often give great weight to a parent’s decision to limit the visitation of the grandfather.

Less than half of the states in the union have statutes restrictive in respect of the visits of the grandparents. In these states, sometimes it is only possible for a grandparent to obtain visitation rights in certain circumstances, such as when one of the parents died.

The rest of the states generally have laws more permissive to guarantee the visitation rights of grandparents, even if their parents are alive. However, in most situations, what you have in mind is the welfare of the child.

What happens if a noncustodial parent has not exercised its designated time of visits?

Some parents in custody may want to modify a visitation order if the other parent does not exercise the set time to be with your child. Although this may be appropriate in certain circumstances, many attorneys argue that is not the best way to proceed. After all, it may be that the children do not understand that it reduces the time of the visit the other parent because this does not meet. Frequently, when a noncustodial parent does not exercise the designated time of visit, the objective is that the parent back in the child’s life to ensure that both parents are as involved as possible in the lives of their children. The child may suffer emotional stress or trauma by not feeling loved and desired.

That said, some states have addressed this concern in its statutes. In Minnesota, under a general provision, and the reciprocal of the statute on the time of the visit appointed of the parents, the court may order any of the following measures if you find that a party failed to comply with an order or a binding agreement of time of visit of the father: 1) impose a civil penalty of $500; 2) require a guarantee intended to ensure the fulfillment of the order; 3) to cover the fees of lawyers; 4) to require the party that violated the order, the binding agreement or decision of the one who issued the visit time to reimburse the other party for the expenses incurred as a result of the violation of such an order, agreement or decision; or 5) meet any other relief that serves the best interests of the children. California has a similar provision. In Tennessee, a court may deviate from the guidelines statutory if the noncustodial parent does not exercise its set time of visits. Not all states share this concept, and some courts have held that a judge cannot coerce a parent to be more involved in your child’s life by threatening it with an obligation of child support.

How can I limit the visitation time the grandparents have with my children?

If you try to limit the visitation rights of the grandparents of your child, these may end up quoting it to court to enforce their rights. If you have a good reason to try to deny him any kind of visitation rights to grandparents (and perhaps abuse their children or instill that hate), you can go to the court to strengthen their wishes, as long as you have credible evidence.

However, you probably should not go to court for denying them the right to visits to the grandparents, simply by a matter of pride to his or to hurt them. To do so, probably will only end up wasting your time and money because the grandparents of insurance will receive their visitation rights.

When you go to court, it is advisable to carry out a schedule of visits planned. When you do this, there would not only be influenced in the determination of the visitation rights of the grandparents, but that will be better positioned before the court.

In general, grandparents have the right to visits some evenings in the month (meetings of a couple of hours each). The duration should be enough for a meal and an activity. If the grandparents do not tend to be near the children, you can ask the court to allow you or a third party approved as observe and oversee the visitation of the grandparents.

As mentioned above, if you decide to go to court to remove visitation rights to grandparents, it may be convenient in terms of time and money to hire a mediator to help them determine a schedule of visits beneficial for all.

I am a grandparent with visitation rights to see my grandchildren, what can I do if one of your parents wants to limit my visitation?

In most of the cases in which the parent of a minor child is trying to limit or restrict the visitation rights of the grandparents, it is better to go to a mediator and discuss the issue. In fact, in some states, the court will not even listen to the arguments of a grandfather before that all the parties meet with a mediator to discuss the situation. You can find mediators with experience in the problems of tours if you contact your local bar association or state.

Unfortunately, mediation does not always work and may end up in court fighting for visitation rights. If this is your situation, you should be prepared to argue and submit evidence showing the strong relationship he has with his grandson. The judge may ask you questions about your medical history to determine your health and can also ask if he has had problems with the law.

Remember that the judge is always focused on what is in the best interests of the child. You should always prepare your arguments to answer this question and show why it is in the best interests of the child to continue the relationship that you have with you. If you have bad habits, like smoking, be prepared to swear an oath that you shall not smoke near the child. In addition, if you have a disability that can endanger the child, it must demonstrate that it is willing to have supervision in their visits in order to maintain the safety of the child.

Family law: How to obtain the help of an attorney

If you are facing a potential disputes about divorce, custody or child support, or for other reasons, a lawyer specializing in family law can help you with a fair representation of the parties in the process. A lawyer specializing in family law will work to obtain the best possible result. The first step is to find a lawyer specializing in family law in your area.