Helping Parents Preserve

Relationships with Their Children


 

Visitation refers to the time a non-custodial parent spends with his or her child(ren). When a parent does not have physical custody (the child does not live with the parent), they can be granted visitation rights to the child. Arrangements for visitation can include a set schedule of when the parent will see the child, including certain weekends, holidays, school breaks, etc.

At Mazaheri Law Firm, we advocate for parents to spend as much time with their child as possible. We explain how visitation works and how this can affect the relationship between you and your child. We work closely with you to find an arrangement that provides the most meaningful result for you while ensuring the welfare of your child is taken into account.

Important things to know about visitation:

  • A parent cannot withhold visitation even if the other parent owes child support.

  • A parent cannot refuse to pay child support if he or she is being denied visitation.

  • Grandparents do not have automatic visitation rights. However, they can be granted visitation by courts if it is in the best interests of the child.

  • If you need to relocate with your child, you must notify the other parent and seek approval from the court to modify your agreement, if the other parent objects to the relocation.

  • A court can order supervised visitation if circumstances arise that show it is not in the best interest of the child/children to be alone with a parent.

  • In cases of conflict between parents, a neutral place of exchange should become a standard practice of transition between parents. Good locations for transitions include public places, like local police or fire stations.

  • In some cases monitored transition can assist in testimony to show that the child has been cared for properly during their visitation.

  • A Guardian Ad Litem can be useful if there are any allegations of abuse or poor treatment.

  • A Standard visitation schedule is usually the base standard for regular visits. We attempt to get you more time with your child, if warranted.

  • A Judicial Order for Proper Conduct can be asked for if there are concerns about who is at the visitation or how parents are conducting themselves during the visits.

Will I Be Awarded Visitation?

In most cases, courts will award some type of visitation, whether it is supervised, standard or extended visitation. The courts generally believe that a child benefits from ongoing contact with both parents and will encourage arrangements that provide the most emotional stability for the child. It is rare for courts to deny visitation and denial of visitation will only occur in cases where there is a compelling reason, such as substance abuse or violence.

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