While the parents of a child prefer to stay separated or get a divorce legally, there is always an issue of child custody. The non-custodial parent gets visitation rights to visit and spend time with his/her child.
Before acquiring divorce both the parents have equal rights to have the child with them, however after legally divorced only one parent gets the custody of their child/children. Thus while the process of divorce proceeds, parents would like to know detailed information about the visiting rights of non custodial parents.
The queries often asked by parents to know visiting rights:
- What should I do to obtain the custody of my child?
- Parents can only give a petition in the court separately through their lawyers. The court will grant the custody considering the best interest of the child.
- Can a child have the rights to decide with the parent he/she decides to stay?
- Older children are sometimes asked by the court to speak about their decision. However, young children don’t have such rights. Children above the age of sixteen can petition in the court for change of custody. The court will decide after listening to the cause of forwarding the petition.
- What is supervised visitation?
- This means the non-custodial parent can’t spend with the child all alone. Sometimes even the time of meeting and the hours spent or decided by the court solely known as fixed visitation. If the non custodial parent has history of abusing the child, then presence of other adult is essential while the meeting of the parent and child takes place.
- Can other relatives of non custodial parent have the right to visit the child?
- Generally, there is no restriction over the visiting of relatives, however in some cases there may be an exception.
- What is reasonable visitation?
- In special circumstances, the court lets the divorced parents to decide about allocating the child’s custody to any one parent. The plan of parental visitation is decided by them. In other words, If the to be divorced parents are conversing amiably with each other and aim to put welfare of their child/children before any other considerations, they are given the rights to decide about the custody as well as the visiting rights.
- What will happen if the non custodial parent doesn’t follow the visitation rights?
- The court needs to be notified and course of action will be ensured after hearing the explanation of both the parents. It may result in custodial parent being warned for contempt of the court.
Being a parent, it is always essential to make decisions helping your child/children grow in healthy and peaceful atmosphere. If the parents have any differences, it is best to sit and solve it. They can even consult marriage counselor to save their married relationship.
As separation from any one parent for a child will surely be a heartbreaking situation for them and the parent themselves. The divorce may even place a great impact on child’s mind leaving them depressed permanently.
To know more about parenting time and visitation rights log on to websites of professional advocates who are specialized in divorce matters.