Though divorce is painful between two spouses it can be even more difficult when children are involved. Whenever a child or children are thrown into the mix, the process can take longer in court. There will be child custody proceedings and most likely visitation legal matters to attend to. The divorce attorneys of The HTW&W Law Office can assist you with your divorce and your visitation rights.
In many cases, if the child or children involved are old enough, the judge may listen to their requests. Child custody and visitation rulings are left up to the sole discretion of the courts so as to not place any pressure or guilt on the shoulders of children. After listening to the children, parents and facts surrounding the divorce case, the judge will make a decision regarding your visitation rights should your spouse be awarded custody. Experts agree that keeping all siblings together is usually the best course of action.
Unless deemed to not be in the best interest of the child, one spouse is granted custody while the other has a legal right to visitation. If an agreement cannot be made, then the court will determine a schedule of visitation. Under this schedule of visitation, it will be determined where the child or children will be, for how long and with whom.
Studies have shown that maintaining a healthy relationship with both parents is usually in the best interest of children. There are some factors that may affect visitation rights such as any drug or alcohol abuse, another marriage or an out of state move. Unless one of these factors occur, the schedule of visitation should not be altered once put into place.
Under normal circumstances, visitation is not supervised and occurs at the one parent’s home. The parent awarded custody should make certain that he or she arrives on time for the visitations and the children are prepared for the transition.
If you’re currently headed for a divorce and you have children, please contact our office immediately and we will help you with your visitation rights.