Visitation Rights
Visitation or parenting time is important for maintaining a meaningful parent-child relationship even after a divorce. Unless visitation endangers a child’s safety, Ohio child custody laws grant visitation rights to the parent the child doesn’t live with. However, protecting and enforcing your visitation rights as a non-residential parent can be legally and emotionally complex.
Depending on the parents’ relationship, visitation can be a source of endless disputes. For instance, the residential or custodial parent can unnecessarily frustrate the other parent. They can even ignore court-ordered visitation schedules. Modifying custody and visitation arrangements in Delaware County can also be legally complex.
A skilled Delaware County child custody and visitation attorney can help you navigate the legal complexities and protect your visitation rights.
What are Visitation Rights?
Visitation rights refer to a parent’s right to spend meaningful time with their child even after a divorce or separation. Visitation or parenting time is a crucial aspect of any custody agreement. Maintaining a relationship with both parents is crucial for a child’s well-being.
In a typical custody agreement, a child primarily lives or spends most of their time in one parent’s house. This is the custodial or residential parent. But, the court grants parenting time or visitation rights to the other parent. Both parents must agree on a visitation schedule that prioritizes the child’s welfare.
Visitation can be supervised or unsupervised. A supervised visitation is where the parent-child visit must be in the presence of a third party. The court requires supervision where it considers the parent unfit or a potential risk to the child’s safety. An unsupervised visitation is where a parent is free to meet or visit their child alone.
Establishing Visitation Rights in Delaware County
The process of establishing visitation rights in Delaware County involves filing a motion for visitation with the court. The process involves submitting necessary paperwork detailing your relationship with the child. You also need to state why granting you visitation rights is in the child’s best interests. For divorcing parents, the process is often a part of divorce or child custody proceedings.
After filing the motion, the court will refer the case for mediation. If you and the other parent cannot agree, the court will schedule a hearing. You need to clearly state your case by presenting relevant evidence. The court considers several factors in making its decision, including your relationship with the child and your parental ‘fitness’. The court also considers the child’s age and preference, and the impact of visitation on the child.
While you and the other parent need to agree on a co-parenting plan, the court determines visitation schedules based on the child’s best interest.
Can You Modify Visitation Rights?
Yes, you can modify visitation rights or parenting time even after the court order. However, modification is only possible in several situations, including significant changes in a parent’s circumstances like relocation. You may also need to modify visitation rights to accommodate changes in a child’s needs. A modification request must be in the child’s best interest.
A request to modify visitation rights follows the same steps as a request to establish visitation rights in Delaware County. It also includes an opportunity for an out-of-court mediation. Mediation can help you and the other parent maintain a good and civil relationship.
Enforcing Visitation Rights
Divorce and separation are often adversarial and the disputes can affect custody agreements. Some custodial parents ignore court-ordered visitation and deny their co-parent their visitation rights. They can also frustrate them by changing visitation schedules without notice.
However, Ohio law provides legal remedies to enforce visitation rights. For instance, you can file a motion to enforce your rights. The court can modify the visitation arrangement or introduce strict enforcement measures, including holding the other parent in contempt.
Visitation Rights for Grandparents and Other Relatives
Besides visitation rights for parents, the court can also grant visitation rights to third parties, including grandparents and other relatives. The court often grants visitation rights to third parties in special circumstances, including at the request of a parent or where one parent is deceased.
Another situation where the court can grant visitation rights to non-parents is where the mother was unmarried when the child was born. Like the relationship with parents, relationships with grandparents and other relatives are also crucial for a child’s well-being. However, Delaware County family courts only grant visitation rights to non-parents if it is in the child’s best interest.
Unlike the process for divorcing parents, grandparents and other relatives seeking visitation rights need to file a separate motion for visitation.
Contact a Delaware County Visitation Rights Lawyer
Like other divorce-related issues, child visitation rights can be challenging and legally complex. Agreeing on a visitation schedule can be hard for a divorced couple. Unfortunately, some parents use visitation schedules to ‘punish’ their ex-spouses, including denying them access to the child or changing visitation times without notice.
Securing visitation rights is not always easy. But, a skilled custody and visitation attorney can help protect and enforce your visitation rights. If you are in Delaware County, OH, don’t worry. Our skilled and experienced Delaware custody and visitation rights attorneys at The Law Office of Jessica G. King will help enforce your rights. We will help you navigate the legal complexities and protect your Ohio visitation rights. Contact us to schedule a free consultation and learn more about our services.
