How To Get Visitation With Your Child

According to the United States Census Bureau, About 21.9 million children had a parent who lived outside their household in 2018, and approximately one-half of all custodial parents (49.4 percent) had either legal or informal child support and visitation agreements. Child visitation laws provide child visitation rights to the non-custodial parent in a divorce and child custody case. Child custody is a parent's legal rights and responsibilities over the child's care, control, and upbringing. On the other hand, child visitation is the legal right afforded to the non-custodial parent. 

It would be best to have a parenting plan when you separate from your spouse or child's other parent. Sometimes, parents can agree to a parenting plan. However, other times, they need the court's help to solidify the plan's conditions. The agreement will determine visitation rights if the parent does not obtain physical custody of the child. If you agree, your lawyer will present the parenting plan to the court, and you will receive the terms of your visitation rights with your child. If the parents cannot agree, the court may order an inquiry, report, and recommendations for the child's custody arrangements. The information that follows will help clarify visitation, the types of agreements often reached, and who to contact should you need assistance preparing your child care agreement. 

Biological Parents Have a Right to Seek Child Visitation

Unlike legal custody, in which the parent has the right to decide for the child, visitation does not permit the parent the right to make significant decisions about the child's well-being. A parent must have sole or shared legal custody to make decisions regarding education, living arrangements, and medical intervention. It should be acknowledged that unwed fathers or single parents are most likely to receive visitation rights. However, it is the biological right of the parent to be permitted visitation rights. It is ideal for the child's parents to make these arrangements themselves. However, in cases where parents cannot reach a custody agreement, the court of law will intervene to mediate. 

During the mediated court evaluation, a custody evaluator orders experts to gather information about the parents' lifestyles and how this impacts the child. They will conduct interviews, make observations, and sometimes make home visits to come to their conclusion. Afterward, they will 

recommend custody and parenting time to the court. Parenting agreements have rules regarding child custody and allocating parenting time, also called visitation. Your child care agreement should be personalized to fit your child's needs and your unique situation. Each part of your agreement should work for your family and benefit your child. 

Your visitation and parental agreement plan should include: 

• A parenting schedule. 

• The length and timing of visitation 

• If supervision during the visitation is needed, as well as regulations for agreement violation. 

• Information about finances and expenses 

• Parenting provisions (rules about raising the child). 

• Including where they will live and go to school. 

• Any other information is essential to your case. 

How To Get Visitation

Unlike legal custody, in which the parent has the right to decide for the child, visitation does not give a parent the right to make significant decisions about the child's well-being. A parent must have sole or shared legal custody to make decisions regarding education, living arrangements, and medical intervention. However, it is the biological right of the parent to be permitted visitation rights. It is ideal for the child's parents to make these arrangements themselves. In cases where parents cannot reach a custody agreement, the court of law will intervene to mediate. If one parent is given primary custody and the other is given visitation or parenting time, there are different approaches to how visitation rights will work. 

1. Unsupervised Visitation

Unsupervised visits occur if there is no risk to the child by spending time with the other parent. Usually, the parents do a hand-off of the child (or have their appointed representatives do a hand-off), and the parent with visitation rights is free to do whatever they’d like with the child until the visitation period has ended. 

2. Supervised Visitation

Supervised are ordered if there is a potential risk to a child from spending time alone with the non-custodial parent. For example, domestic violence, abuse, or neglect can cause the court to limit the parent accused of abuse to supervised visits only.

These visits usually must occur at designated times and places and must be supervised by a specific individual, such as a counselor or social worker. However, a friend or family member may be the supervisor if indicated in the agreement. 

3. Virtual Visits

Virtual visits for a non-custodial parent are when the parent sees the child via Zoom or any other virtual meeting platform to talk to their child on the phone or laptop. These types of visits are more common when parents live in different geographic areas, are currently incarcerated, or are physically incapacitated and cannot have the child at the agreement's designated place. 

4. Reasonable Parenting Time

Reasonable parenting time is an arrangement with no specific visitation schedule. Instead, the court leaves it to the parents to designate when they will spend time with the child based on their lifestyle. However, you can change the parenting time agreement anytime during the separation or divorce proceedings. 

Reserved Parenting Time

Reserve parenting time means you are not asking for an official decision about visitation at this time, and the court has not made a set parenting schedule. One may, however, be created in the future. 

How To Find a Good Family Law Attorney

A child visitation lawyer is an excellent resource if you are involved in a divorce or child custody case and need assistance drafting your visitation agreement. Your lawyer can help you prepare the agreement according to your and your family's needs and file it with the court. If you can't agree, then a mediator can help you develop a plan that is fair to both of you as well as in the best interest of the child. 

Every situation is different. For more information about visitation rights and child custody, refer to your state's, as well as a qualified attorney. Expertise is dedicated to connecting you with a child visitation attorney best suited to your needs. Please click here to connect with a child visitation attorney.