Parents have a right to visitation with their children when they do not have primary custody. State law requires the parent with physical placement of the child to respect their co-parent’s right to visitation. In many divorces, the parents will agree to a visitation schedule as part of their settlement agreement. When the parent with primary custody refuses to follow the set visitation schedule, the non-custodial parent may go to court to have the order enforced.
However, parents should be aware of some barriers to visitation in the Colony, whether they are seeking visitation with their children or trying to restrict the other parent’s right to visitation. Consult a visitation attorney for help navigating this complex process.
The custodial parent has physical placement of the child and must provide for their physical and emotional needs. Custodial parents must develop a visitation schedule with their co-parent and follow it without interruptions, if possible.
When the non-custodial parent has the child in their custody for visitation time, they must provide for their basic needs, including food, hygiene, and other caretaker obligations such as getting the child to school and extracurricular activities. The parents should attempt to work together to follow a visitation schedule seamlessly to avoid disruptions in their child’s life.
While it is important for parents without primary custody to engage in fun activities with their children, they must also follow the child’s schedule and act as competent caregivers. Failure to adequately care for the child could mean restricted or supervised visitation. When you are concerned your ex-spouse is not adequately meeting your child’s needs during parenting time, contact an attorney in The Colony to discuss your options regarding barriers to visitation.
In rare cases, the court could deny a parent visitation with their child. For example, when the parent has an untreated mental illness or has a history of violence, drug, or alcohol abuse, the court could deny visitation and custody. The burden is on the parent attempting to restrict their co-parent’s visitation to prove visitation is inappropriate due to the other parent’s behavior. Emotions run high in divorces, and by relying on the evidence, the court can maintain fairness when determining if a parent is fit for visitation.
The parents should work out scheduled visitation time amongst themselves and, if necessary, petition the court to modify an existing order. A parent’s unavailability for scheduled parenting time in The Colony is one of the most common barriers to visitation.
The court will not restrict a parent’s right to visitation unless evidence shows they are unfit for visitation. The court typically gives parents equal visitation rights unless the child’s safety or well-being is at risk.
When a parent is concerned about their co-parent’s ability to visit with the child competently, they should gather evidence to support this claim, such as text messages, emails, medical records, photographs, videos, or witnesses. The judge will rely on the evidence to determine if the parent is capable of visitation and if it is in the child’s best interest. At the same time, if a parent seeks to challenge the court’s restriction of their visitation rights in The Colony, an attorney could help.
The most common barriers to visitation in the Colony are a history of substance abuse or domestic violence. In most cases, the court will mandate visitation for the non-custodial parent. Still, if the circumstances justify restricting access because the child’s well-being or safety is at risk, the court will not hesitate to limit visitation. In some cases, the parent could ask for supervised visits, but the court will rely on the evidence to determine what action is necessary to protect the child. Contact us to discuss your visitation rights and barriers to visitation with an attorney.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
