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Protecting What Matters Most

Who can file for visitation rights?

On Behalf of | Feb 4, 2020 | Child Custody & Support

Family law allows both parents to have equal rights when they have to deal with matters of the welfare of their child. During the separation and divorce processes, children have to rely on the verdict of the judge to decide the parent that will get custody. It does not mean that the parent who does not get custody is not involved in the child’s life at all.

The court usually leaves the visitation to be an issue that both parents figure out. According to Current Population Reports, over 51% of custody visitations proceedings do not involve the court. However, if there is a disagreement between you and your partner, the court might take responsibility and choose a plan on how visitations will get carried out. Before the court grants these rights to either of you, it needs to protect the interests of the child.

You have to find the most appropriate arrangement to establish a visitation schedule that suits everyone. Also, you need to streamline the visitation terms in the petition. If you are unable to agree on the visitation terms, state it in the petition and file the request with the court clerk.

Serve this petition to the other parent through a certified mail. The server should be a police officer or a process server. Ensure that you are always available for the mediation that may be facilitated by a neutral third-party professional, so the judge does not have to decide on the case.

You may have to complete parenting classes and other classes to have the visitation rights awarded. Besides, ensure that you provide the evidence needed to permit the visits.

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