Child custody and visitation issues are often some of the most emotional aspects of family law. It can be devastating to think about the possibility of not being able to see or be with your children like you once used to.
A visitation schedule gives you the legal right to see your children according to certain guidelines. This means that your former spouse or partner must also adhere to these guidelines and regulations set out in the visitation schedule, respecting your right as a parent.
If you are the parent that does not have physical custody, also known as the non-custodial parent, you will need to present to the court a proposed visitation arrangement for approval. The parent with physical custody, or, custodial parent, must first agree to the proposed arrangement before you take it to the court for approval. The court will look at your plan and determine whether it is in the best interest of the child or children. Courts consider the following factors in making this determination:
- Location of the non-custodial parent’s home
- The non-custodial parent’s living conditions
- Any history of abuse from the non-custodial parent
- Length of time it took the non-custodial parent to initiate visitation rights
- Child’s age, gender, emotional, and physical health
Call the Walker Law Firm today to ensure that your visitation documents are properly prepared. We will work with you to try and help get your schedule approved by the court. When your former spouse or partner is refusing to agree to more visitation, litigation may be necessary. Reach out to our firm for assistance in litigating your case