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When a divorce occurs that involves children, it is always much harder for everyone involved. While the divorce is taking place, one of the most important issues to be settled will be visitation rights for the non-custodial parent. In these situations, whether a divorce is done through mutual consent or if there is much hostility between both spouses, the court will always look at what will be in the best interests of the couple’s children. If you now find yourself to be the non-custodial parent and are wondering what the future will hold for you regarding your visitation rights with your kids, here are some important things to keep in mind as you move forward.
Types of Visitation
In the best of circumstances, you and your spouse will be able to reach an agreement regarding visitation. If this doesn’t happen, the matter will then go before a judge, who will decide not only if you will be allowed to visit your children, but also what types of visitation will be allowed. For example, most non-custodial parents are granted unsupervised visitation, meaning you can have the child in your home, take them on trips, and spend time with them completely on your own. However, if you have a criminal background or if there are other concerns that have been noted by the court, you may be granted only supervised visitations, meaning another adult such as a social worker will always need to be present. Since you will want to maintain as much control as possible over your visitation rights, it is always best to hire an experienced divorce attorney who can fight hard to protect your legal rights in these matters.
Again, this is an area where it will benefit you and your kids if you can work out an agreement with your spouse during the divorce proceedings. Should you not be able to do so, this will be yet another matter that will be decided by a judge, eliminating your ability to maintain control over the situation. While it is best for you to maintain a sense of flexibility when scheduling visitations with your kids, you and your spouse will also need to have a basic schedule that you can stick to most of the time. After many divorces, one of the biggest issues regarding visitation involves which parent will get the children during important holidays, such as Thanksgiving and Christmas. Since emotions can run high in these matters, it is best if you allow your divorce attorney to negotiate a visitation schedule on your behalf.
Maintaining Your Visitation Rights
Once you are granted visitation rights by the court, you should do everything possible to make sure you maintain whatever visitation rights you have been given. Otherwise, your spouse may have an opening they have been looking for to petition the court to take away whatever rights you now have for seeing your kids. This often occurs in divorces that are contentious from day one, so be aware of this as your divorce proceedings progress. If you want to make sure you maintain your visitation privileges and perhaps can expand them later on, there are certain steps you should take. First, always keep a steady job and residence, since this demonstrates stability to the court. Also, don’t allow yourself to become embroiled in legal issues with police, such as being charged with DUI, drug possession, or domestic violence. Should any of this occur, it is almost certain your spouse will petition the court to have your visitation rights terminated. Rather than let this happen, do all you can to demonstrate emotional and financial stability each step of the way, and also have a knowledgeable divorce attorney on your side who can fight any allegations made against you.
Changes Can Always Be Made
Even if you do not initially get the visitation rights you were hoping for immediately following your divorce, remember that no ruling is set in stone. As a result, if you were initially granted only supervised visitation, it may be possible at some point to petition the court to have that changed to unsupervised visitation. Even if you have a criminal past that your spouse is now trying to use against you to prevent you from being involved in your children’s lives, you and your attorney can provide ample evidence as to why you now deserve to take the next step with your kids. As stated earlier, showing the court you have been trouble-free with police, having steady employment, and maintaining a safe and secure residence will go far in allowing you to spend more and more quality time with your kids.
If you have additional questions about visitation rights, never hesitate to schedule an immediate consultation with a divorce attorney whose advice you can trust.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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