|
Visitation
The central theme to visitation, like all other issues dealing with children, is doing what is in the best interests of the child. Generally, any person with whom the child has developed a strong relationship, such a biological parent, grandparents, step-parents, or possibly even brothers and sister, is eligible to receive visitation rights. In most instances, however, visitation issues deal with visitation rights of the non-custodial parents to visit his or her child.
A parent’s right to visit his or her child will usually be granted unless there are exceptional circumstances that would be injurious to the child which would prevent full visitation rights. When visitation is granted, the court will usually allow for the most liberal schedule as practicable in accordance with the philosophy that a child is most benefited by maximum exposure to both parents. The schedule will be reasonable, however, and will not disrupt the child’s school and home life or the custodial parent’s work schedule. Additionally, as part of the visitation order, a court can condition visitation rights by requiring at least a 45 day prior notice from either party of an intent to relocate. Notice can be given to the court or either party. If a party can show that prior notice may expose the child or either party to abuse, then a court will likely waive the notice requirement. Where the notice requirement has not been waived, failure to comply with the notice will be a factor in future custody and visitation proceedings.
Although visitation rights are usually freely granted, the rights can be restricted. To obtain a restriction on visitation by the non-custodial parent, there must be sufficient concrete evidence produced which shows the harm that may result if the restriction is not imposed. The evidence can show a harm that will occur in the future and does not necessarily need to prove a present harm. Furthermore, there must be a connection between the restriction imposed and the perceived harm to the child.
In a visitation or custody case where a child has been abused or neglected, the extent of the abuse or neglect will be analyzed by a court to determine whether visitation or custody should be granted. A finding of abuse, however, does not automatically bar visitation rights, but may force the court to impose conditions such as supervised visitation.
Child custody issues:
|
