When divorce happens, it can be much more than a husband and wife that are splitting. When children are involved, the entire family dynamic is altered. While it can be a difficult situation to adjust to, one of the most important factors of a divorce case quickly becomes custody agreements and visitation rights that are awarded to each parent. As a family attorney in Woodbridge, New Jersey, Edward Vaisman explains how visitation rights between parents are decided and who they are meant to benefit the most.
How are visitation rights decided?
In a custody case, Vaisman explains that the goal of deciding the visitation rights is to make sure that the final ruling remains in the best interest of the child or children in the case. In order to determine what is best for the child, the judge will weigh a lot factors:
- If visitation with a parent is appropriate
- How long the visitations will be
- If the visitations will be supervised or unsupervised
Of course, he adds, if there have been past court hearings which question the non custodial parent’s abilities to parent or the safety of the child, then those will certainly be taken into consideration as well. Otherwise, Vaisman says, if there are no past hearings on the subject, then visitation is a right to which the non custodial spouse is entitled.
In some instances, though rare, the child may also be able to voice his opinion on the matter. Generally, Vaisman explains, the children do not have much of a say in determining visitation arrangements, particularly if they are under the age of seven. Under special circumstances, however, if a child has alerted the court to certain behaviors such as abuse, then the judge will meet with the child privately in his chambers or office away from the rest of the courtroom. Additionally, he says, if certain allegations are made that are particularly alarming, the judge may see to it that an expert be brought in to testify. He might also bring in a specialist to speak with the child or have officials investigate the claims further before making any decisions with respect to visitation rights.
Can visitation rights be altered?
Once the court reaches its final decision regarding the visitation agreement, Vaisman says that the details can certainly be modified to fit any changing circumstances in the future. If one parent is unhappy with the ruling or the schedule does not seem to be benefiting the child, then that spouse should contact his lawyer, who will assist in filing a petition for change with the court.
Unless a specific dilemma is brought to the attention of the court, there is generally no review time for the case set in advance. Once the terms have been determined, Vaisman says, those stay final until a change is petitioned. While getting the court to agree to the changes you are proposing can sometimes be difficult, Vaisman says it has to do with your reasons and if they are justifiable. However, the process is made much easier once you have the proper representation and are working closely with an attorney who is experienced with family law, custody agreements, and visitation rights. Ideally, Vaisman says, any alterations that need to be made to a visitation arrangement can be settled outside of the courtroom through negotiations between the parents and their respective attorneys; though the judge will have to sign off on the new agreement for it to be finalized.
While visitation is a right to be enjoyed by a spouse, a lot of factors must be taken into consideration and the child’s wellbeing must remain the most important issue. In order to make sure that your opinions are being properly voiced and that you will get the time with your child that you deserve, contact a seasoned family attorney in your area.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.