See Your Child Grow Up—Defend Your Visitation Rights
Enforce your legal right to be there for your child, wherever and whenever they need you.
Child visitation isn’t what it used to be. Well, it is, in some respects. It still involves the stress and emotion that come with divorce and the uncertainty about whether you’ll get to see your children.
But it isn’t what it used to be in terms of the outcome. No, the mother is not going to get to keep the kids by virtue of her gender, and the father is not going to have to shell out thousands in child support every month without getting to see his kids.
On the other hand, that’s exactly what will happen if the situation calls for it and/or one side had no idea what his or her rights were in the process. You need someone to define and articulate what you need and want when it comes to child visitation.
Make sure you defend your right to see your child through a fair visitation schedule, championed by family lawyers at JC Law.
What Are “Visitation Rights” In Maryland, Virginia, Pennsylvania, and DC?
When one parent gets primary or sole custody of a child, the non-custodial parent typically receives visitation rights. In other words, the law recognizes both parents’ legal right to contact and spend time with their children.
During a breakup, even devoted parents can make unwise and emotional decisions. Under certain circumstances, courts might order supervised visitation if you are:
- Undergoing substance abuse rehabilitation
- Receiving mental health treatment
- Homeless
Supervised visitation typically involves meeting with your child at a neutral location. If you are uncomfortable seeing your ex, you might have monitored or staggered hand-offs of your child.
Create a Visitation Agreement
If you want to create a visitation agreement—it’s also called a parenting plan—you will need to come to the table with a basic understanding of your rights. Also, you will need to know what’s possible. Parenting plans can be quite specific. They can detail when, where, why, and how you plan to spend time with your children, all while spelling out practical arrangements that need to be made between you and your ex-spouse or partner.
How Do I Figure Out Visitation Rights Through the Courts?
Family courts can order an official “visitation schedule” to help minimize disputes about parent-child contact and communications.
While some parents can agree to the terms of a visitation schedule on their own, many couples need help from a child visitation lawyer. Your lawyer might:
- Help you negotiate a fair visitation schedule and present it to the relevant circuit court for approval;
- Guide you through an alternative dispute resolution process, such as mediation; and
- File a complaint for visitation on your behalf.
Laws require judges to consider your child’s “best interests” when awarding visitation. Therefore, the frequency and extent of your visitation rights might depend on:
- The age and number of children involved
- Your child’s wishes (if age-appropriate)
- The amount of travel required to see your child
- The parents’ work schedules
- Your child’s school and other schedules
- Your child’s need for stability
- Each parent’s willingness to cooperate and maintain a civil relationship
- Whether there is a history of domestic violence or child abuse
- Your child’s health
- Your child’s physical and emotional needs
Am I Required To Follow A Visitation Schedule Ordered By Courts?
Yes. Once you have a court-ordered visitation schedule, you must follow it, even if the non-custodial parent has unpaid child support. If your ex violates your visitation order, you should demand his or her compliance.
If your requests are ignored, contact a child visitation lawyer immediately. A parent who violates a visitation order might face criminal charges such as:
They may also face civil penalties, including the termination or reduction of visitation or custody rights.
However, Maryland courts always maintain jurisdiction over child custody and visitation matters. If your circumstances significantly change, you can ask the court to modify the visitation order.
Can A Grandparent Or Other Family Member Get Visitation Rights?
Grandparents, stepparents, and other family members do not typically have custody rights unless the child’s biological parents are unfit.
However, they might have limited visitation rights.
That said, visitation claims made by family members who are not the child’s parents are complicated and require extensive legal analysis. If you are a grandparent or other family member, you should consult with a child visitation lawyer before filing a complaint for visitation.
“When they win, my son wins and my son is winning!”
Call a Visitation Rights Attorney
Visitation isn’t just a word that lawyers use. Your visitation agreement—in other words, the time you get to spend with your child—will have a deep impact on your life. Visitation and parenting plans can be made fair. You just have to decide that you’re ready to work for it. If you want us to help you, call us today for a free initial consultation at (888) JCLaw-10 or send an email.
