Child Support and Visitation Rights

With every divorce that involves children and future arrangements, the courts make it the first and foremost principle to enforce the children’s best interest. Therefore, visitation rights can take a multitude of forms and schedules:

  • Mid-week visitation with the non-custodial parent
  • Sharing during school recess –winter, summer and spring
  • Alternate weekend visitation
  • Mother’s day with mother, father’s day with the father
  • Altering years on the child’s birthday
  • Open telephone contact to the non-custodial parent
  • A few days here a few days there as a mutual agreement without court orders

Courts take the question “what is best for the child” very serious. If it becomes evident that one parent is more supportive of continuing and frequent contact with both, that parent will most likely be awarded custody. At the same time, it is possible that the more one person undermines the concept of frequent and open visitation, the more visitation the other person is granted.

When are visitation rights denied?

Visitation rights can be denied to the non-custodial parent in certain extreme cases. Courts may deny visitation rights if there is grounds to believe that the child has been abused or neglected, if it is evident that the visit would place the child in a dangerous situation or if alcohol and drugs are involved. If courts have evidence that visitation would hurt the child in any regards, then the other spouse is awarded sole legal as well as physical custody.

There are certain less extreme cases, when visitation rights are granted with certain restrictions. This holds true, for instance, for alcoholics that are ordered to stay away from the alcohol in the presence of the child. If the parent can submit clean alcohol tests and assure that this problem won’t affect the child, visitation is granted under given limitations. In addition, certain visitations may involve a qualified third-party supervisor in order to ensure that the parent is not harming or kidnapping the child during visitation.

If you are currently experiencing a divorce, child support might also be one of the many questions on your mind. If you have any questions regarding child support or if you would like to seek legal assistance, contact one of our child support attorneys to assist you with your questions regarding child support and visitation rights.

This article is provided for informational purposes only. If you need legal advice or representation,
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