Visitation rights are a myth. Neither parent is inherently entitled to visitation rights when going through a divorce. You only have visitation rights when they have been established by the court or determined in a parenting plan that is created by both parents and acknowledged in court.
In your divorce proceedings, it is important to be aware that visitation and custody are two separate matters. Legal custody grants you the ability to direct how your child is raised. This includes things such as the religion, education and healthcare of your child. Physical custody allows your child to live with you. Visitation, on the other hand, tends to define how your time with your kids is spent. A qualified divorce attorney with experience handling custody and visitation issues should be able to more thoroughly explain the differences between custody and visitation and advise you on your best course of action.
For example, if you are awarded full custody of your children, your wife may seek visitation rights. Or if you are granted primary custodial rights while the divorce is pending, your wife may also seek visitation rights. This is something you should talk about with your attorney and something that should be dictated by your wife’s ability and capability to care for your children while they are with her. If your wife has drug or alcohol addiction problems, you should make sure that visits are supervised. Likewise, if there is a history of physical, mental or sexual abuse, visitation should be closely monitored. There may even be a specific location that your wife must be in to visit with your children. In this way, the way your wife spends her time with your children is defined. This offers a number of protections to your children if your wife is unfit to watch them on her own.
When visitation rights are granted to your spouse, be sure that you have the terms of that visitation in writing. People and circumstances change over time and it is a good idea to have all of the details concerning visitation (who, when, where, or possible restrictions) in writing to avoid potential conflict in the future.
If visitation rights are established, it is important that you encourage your wife to arrive promptly for each visit and never miss a visit. Missed visits with a parent can be extremely harmful to your child. If the mother of your children consistently misses scheduled visitations, be sure to document each missed visit and talk to your attorney about what can be done to protect your child.
Showing posts with label visitation rights new york. Show all posts
Showing posts with label visitation rights new york. Show all posts
Monday, February 1, 2010
Tuesday, January 12, 2010
Supervised Visitation
A noncustodial parent has a right to visit his or her child. Visitation rights, however, are not absolute. Visitation can be suspended, denied or restricted if the court finds that visitation would be contrary to the child's best interest.
The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health.
For visitation to be detrimental, some type of compelling reason, based on circumstance, must be shown. Factors which show parental unfitness include child abuse, neglect, or severe mental illness. If the parent has failed to establish a relationship with the child, the court may limit visitation.
The noncustodial parent must be given notice of the hearing to deny visitation and an opportunity to be heard. The custodial parent must show that visitation will seriously endanger the child's welfare. Where circumstances fall short of grounds for denying visitation, a court may consider supervised or restricted visitation. When there is reason to fear for the child's safety, the court may require a third person to be present or to have visitation take place in a public place.
Generally, visitation cannot be reduced or restricted without finding that the child is adversely affected or that reduction would serve the child's best interests. The following types of acts are contrary to the child's best interests:
•Violence or Physical Endangerment - A noncustodial parent may be denied visitation rights if the parent has abused the child or has threatened physical violence. Some states require courts to consider evidence of child or spousal abuse when awarding visitation.
•Emotional Harm - Where proof is offered of the potential emotional harm to the child from visitation, a parent's rights may be curtailed or denied. Emotional harm may be shown by evidence that visitation detrimentally affects the child's welfare. Sometimes, stuttering, bed wetting, atypical behavior or poor school performance may indicate emotional problems.
•Child's Wishes - The courts may consider the child's wishes as to visitation. The weight to be given the child's preference depends on the child's age and maturity.
•Mental Illness - A parent's mental incapacity does not automatically deprive the parent of visitation rights. Visitation rights may be curtailed only if the court determines that there is a potential for harm to the child due to the parent's condition.
•Substance Abuse - A parent who abuses drugs or alcohol may be denied visitation only if the conduct endangers the child's welfare. When the parent's alcoholism causes the parent to use abusive language or to mistreat the child, the court may deny or restrict visitation
The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health.
For visitation to be detrimental, some type of compelling reason, based on circumstance, must be shown. Factors which show parental unfitness include child abuse, neglect, or severe mental illness. If the parent has failed to establish a relationship with the child, the court may limit visitation.
The noncustodial parent must be given notice of the hearing to deny visitation and an opportunity to be heard. The custodial parent must show that visitation will seriously endanger the child's welfare. Where circumstances fall short of grounds for denying visitation, a court may consider supervised or restricted visitation. When there is reason to fear for the child's safety, the court may require a third person to be present or to have visitation take place in a public place.
Generally, visitation cannot be reduced or restricted without finding that the child is adversely affected or that reduction would serve the child's best interests. The following types of acts are contrary to the child's best interests:
•Violence or Physical Endangerment - A noncustodial parent may be denied visitation rights if the parent has abused the child or has threatened physical violence. Some states require courts to consider evidence of child or spousal abuse when awarding visitation.
•Emotional Harm - Where proof is offered of the potential emotional harm to the child from visitation, a parent's rights may be curtailed or denied. Emotional harm may be shown by evidence that visitation detrimentally affects the child's welfare. Sometimes, stuttering, bed wetting, atypical behavior or poor school performance may indicate emotional problems.
•Child's Wishes - The courts may consider the child's wishes as to visitation. The weight to be given the child's preference depends on the child's age and maturity.
•Mental Illness - A parent's mental incapacity does not automatically deprive the parent of visitation rights. Visitation rights may be curtailed only if the court determines that there is a potential for harm to the child due to the parent's condition.
•Substance Abuse - A parent who abuses drugs or alcohol may be denied visitation only if the conduct endangers the child's welfare. When the parent's alcoholism causes the parent to use abusive language or to mistreat the child, the court may deny or restrict visitation
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