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What to Know about Visitation Rights?

  • By: Gene Kirzhner
  • Published: December 20, 2022

Visitation rights can be a complex topic to discuss, but it will come up at some point in any divorce or child custody case. You must understand what visitation rights are, when they might apply, and how they are set.

What Are Visitation Rights?

Visitation rights allow non-custodial parents to spend time with their children. They can also be extended to grandparents or other family members who have a close relationship with the children. Courts usually require that the non-custodial parent pay child support, even if they have visitation rights. In some cases, visitation rights can be denied if the courts believe that visiting the parent would not be in the child’s best interests or would harm them in some way.

How Are Visitation Rights Set?

In most cases, both parties will set visitation rights by agreement. If you and your spouse have separated but are still on speaking terms, you may want to consider negotiating an agreement with your spouse to create your visitation schedule. Agreements between spouses may be more flexible than those ordered by a judge. However, if you and your spouse cannot agree on visitation, a judge will order a schedule for you.

Visitation schedules must meet specific requirements under the law. When a divorce case involves minor children, the judge must make orders regarding the children’s living arrangements, legal decision-making (custody), and parenting time. The parents may agree to those orders, or the court will make an order after a trial.

What Is Needed for a Visitation Request?

When requesting visitation time, it is important to provide sufficient proof that you have tried to reach an agreement outside of court. If this is not done, the court may assume that you are requesting visitation time only because you cannot reach an agreement with the other parent outside of court. If this is proven true, the judge may deny your request for visitation time or grant you a lesser amount of time than you requested.

Why Are Visitation Rights Necessary?

Visitation rights can be very complex legal issues. It is essential to understand your rights and responsibilities to protect yourself and your children.

  • The main goal of a visitation schedule is to allow children to maintain family ties with both parents after a divorce.
  • It can also help ensure that children have a healthy relationship with both parents even though they live in separate households.
  • Children who have regular contact with both parents are less likely to be stressed or depressed than those who only see one parent occasionally.
  • These children also do better in school and have fewer behavioral problems than children who often do not see one parent.

Contact Us Today

Visitation rights might be complicated at times. You should always consult with a Family Law Attorney who specializes in divorce if you are considering ending your marriage and there are kids involved. Call us at (847) 234-4445 and book an appointment today. Our attorneys at strategic divorce are licensed in your state, have been practicing for at least five years, and have good reviews online about their services from past clients.

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We are sensitive to the unique needs and goals of each client and provide them with the legal expertise, action and support to successfully resolve their legal issues.