Family law court is often involved in the decision of visitation rights when the custody of a child is being decided upon. Whether the situation involves divorce, separation, or the death of one or both parents, those eligible for custody of a child will need to decide who will gain custodial rights, and who will gain visitation rights.
The first determination is the custody agreement. Often, one parent retains custody while the other has the right to visit the child at predetermined dates. In this case, a visitation schedule will be drawn up to provide stability for the child by establishing a set schedule for spending time with the non-custodial parent. Both parties will be involved in deciding upon a visitation schedule, not just the custodial parent.
A child’s school and extracurricular schedule must be taken into account when drafting a visitation schedule. Holidays from school must be divided between parents in a way that both can agree is fair. When a person is granted visitation rights, it is important for them to pick up and drop off their child or children on time and at the agreed upon location. This helps keep the arrangement as amicable as possible.
Depending on state law, grandparents may also be entitled to visitation. Generally, this is only applicable if both parents are deceased or have serious issues that must be dealt with before they can be granted custody of their children, including overconsumption of drugs and alcohol, and physical or verbal abuse.
It is important for the custodial and non-custodial parent to agree upon the visitation schedule and adhere to the schedule. Should either parent have a problem with the other’s actions involving visitation, it is likely that the custody case will end up back in family law court.
The above article should not be considered legal advice. This can only come from a qualified lawyer. If you or a loved one is in need of a family law attorney please see our directory of lawyers or look through our award winning attorneys.
