Did you know that an estimated 41% of first marriages are thought to end in divorce? Up to 60% of second marriages don’t work out and the third marriage usually ends in divorce 73% of the time. The average lifespan of a first marriage before divorce is eight years.
When a divorce occurs and there are children involved, visitation rights are part of the legal process to provide both parents time with their children. A custody agreement sets the rules for visitation rights. The parents can make the agreement on their own, with the help of a counselor. In case both the parents cannot come to an agreement on their visitation rights, the court may intervene and do it for them.
Learn how to file a visitation right and how a visitation lawyer can help you win your case.
Understanding Visitation Rights
Visitation rights are the most important aspect of family law. It is a legal provision that allows children to develop meaningful relationships with both their parents. A visitation right specifies how and when the non-custodial parent will spend time with the child.
Regular visits can be court-ordered or casual. Keep in mind that courts favor frequent, consistent contact between the kid and both parents, which will require a joint parenting plan. A family law attorney in San Bernardino advises that you must plan and negotiate visiting periods that fit your schedules and, most importantly, your child’s requirements.
Visitation rights will consider a number of factors, such as the child’s age, parents’ work schedules, and historical difficulties like domestic violence or substance misuse. The courts will always consider the child’s best interests when disputes arise.
Preparing Your Documentation
Prepare clear and thorough documentation to support your case for visitation rights. This includes the child’s birth certificates, school records, and relevant medical documents that will help you prove your involvement and commitment as a parent.
Gather photographs, emails, text messages or logs of time spent with the child. These types of evidence will help your case by demonstrating active parenting and allowing you to exercise all visitation rights.
All incidents should be documented if they qualify as indicators of your capacity to care for children. Witness statements from family and friends can substantiate your relationship with your child.
Cross-check all documents to ensure completeness, organization, and general ease of reading. Well-prepared documentation will streamline processes and enhance one’s credibility before the court.
Filing the Petition
Petitioning for visitation privileges helps establish parenthood. Visit your state’s court website to get visitation petition forms that ask about your relationship to the child, where the child resides, and your planned visitation schedule.
Fill out these forms correctly and accurately. Incomplete and wrong information might delay your case. After filling out the forms, make a copy of the completed application and attach all supporting documents to it for reference.
You then have to file the petition in the required family court. In most cases, this requires showing up in person, though some jurisdictions permit online submission of forms. Pay any filing fees at this time, and be prepared to shell out more if you needed to schedule a hearing.
The court will update you on the hearing date for the filing. Keep track of the scheduled date and follow through with the next steps in the process.
Court Proceedings Overview
Once a petition has been filed and a hearing date assigned, one must prepare for a court hearing. Visitation rights hearings normally entail having you present your case to the judge.
You will have to explain why that visitation schedule is in the child’s best interest. Be ready to answer questions from the judge and probably the other parent’s attorney, who may challenge your assumptions. It is important to be calm, clear, professional, and honest with your replies to avoid making legal mistakes that may jeopardize your case.
During the hearing, one can also submit evidence, such as documents or witness testimony, to back up their case. Be sure to prepare these documents in advance to guarantee smooth legal proceedings.
Post-Filing Considerations
Once filed, there are a lot of considerations to think about. Prepare yourself for the court’s response. The other party is likely to receive a copy of your petition. They may even file a response so it would be best to be on the lookout for any communication from the court.
Think about the amount of time the procedure will take. Every state has its own set of procedures and timelines, and knowing what to expect can help keep things organized.
Be flexible and open to any sort of communication with the other parent. The more civil the discussions, the more likely you will be able to reach an agreement. The sooner you are able to reach an agreement with the other party, the sooner you will resolve your visitation rights with your child.
Think of the manner in which you want your case presented. Having a strong, cohesive argument will bolster your position when necessary hearings are conducted.
Consult a visitation lawyer to assist you in handling the legal process and upholding your parental rights in court.
Conclusion
The visitation rights process can be overwhelming and stressful. Having a legal professional by your side alleviates some of this stress and increases your chance of a favorable outcome. Follow the guidelines in this article and fight for your rights to your child in court.
