One of the most wonderful outcomes of a marriage is having children. Sadly, they are also the most impacted if the marriage collapses, in which case the court may have to determine their future living arrangements. Family law across jurisdictions prefers both parents to be involved in a child’s life. Unfortunately, this arrangement is not feasible in all scenarios, so the court must grant one parent custodial rights while the other gets visitation rights. This guide delves into child visitation for parents and is a worthy read if you are navigating a child custody battle and are unfamiliar with what to expect.
Understanding Child Custody
“Ideally, both parents should have custodial rights to a child, and in most cases, it happens as such,” says attorney Shawna Woods of Atlanta Divorce Law Group. Child custody has two sides: the legal side and the physical side. A parent who gets legal custody of the child is responsible for making major life decisions, such as education, religion, and healthcare.
Physical custody addresses where the child lives. So if one child gets sole physical custody, the child gets to live with them exclusively. For shared physical custody, the child alternates between living with either of the two parents, and the duration spent with each is determined by the parents or the court based on the child’s best interests.
What Are Visitation Rights?
Visitation rights allow the parent who does not have custody of the child to spend time with the child. Visitation arrangements differ widely, just as every case is unique. In some cases, the visitation is supervised, meaning the non-custodial parent spends time with the child in the presence of another adult. This arrangement often applies in situations where there are concerns for the child’s safety or a parent’s mental state. In other cases, the non-custodial parent can leave the child for hours or days alone as long as they stick within the set limits.
Remember, not all non-custodial parents find themselves in that position because they are unsuitable as parents. In some cases, it can be a pre-agreed arrangement based on what the parents believe will be in the child’s best interests, for example, when the parents live at different ends of the country.
Considerations for Child Custody
When issuing child custody and visitation orders, the court focuses on a child’s best interest. Suppose parents cannot agree on an arrangement. In that case, the court will consider factors such as the testimony of the divorcing parties, the testimony of the children, the parents’ criminal backgrounds, and expert witness testimonies, such as therapists, child services employees, etc.
In most cases, the court relies on a custody evaluation report where a court-appointed professional studies all circumstances and offers recommendations to the court. For unwed couples, the mother gets custody rights by default. Still, the father has legal options for getting custody and visitation rights.
Visitation and Custody Rights Modifications
Family court rulings are not set in stone. While they must always be obeyed, they are modifiable as circumstances change. For example, the court awarded sole custody because of the distance between the parents, but that fact changed after some time. In that case, the non-custodial parent can petition the family court to modify its orders. Modifying custody and visitation is only sometimes smooth sailing. So, it would be best to consider working with a family lawyer to expedite the process and increase the chances of getting a fair outcome. Besides modification, you also have a right to an appeal, which, again, a lawyer may be able to help you navigate.
Conclusion
Custody and visitation decisions must always put a child’s well-being first. If the circumstances change, you can request modifications, but you’ll need to make a strong case for them. Professional legal guidance can help you understand your rights and options. Whether seeking custody or more time with your child, knowing the intricacies of the legal process can help make this difficult situation considerably easier to navigate.
