Understanding Your Visitation Rights
When granting sole physical custody to one parent, as long as the non-custodial is a “fit” parent and is not a threat to the safety or wellbeing of the child, then the court will appoint them scheduled visitation times. This allows the parent to see their child and spend time with them on a regular basis. Visitation may be also be granted to grandparents in some circumstances so they have the right to visit their grandchildren as well.
How will my visitation schedule be decided?
If the participating parties can all agree on a suitable visitation agreement, then the courts will not need to intervene. If the two parents cannot agree, the court will order a mandated visitation schedule that both parents must abide by. If the parents can be amicable and communicate effectively then the agreement will not be extremely detailed and the parents can have jurisdiction and propose times and other small issues themselves.
As with child custody agreements and all other family-related matters, the courts will rule in favor of the child’s best interests. The court will propose a visitation schedule that protects the child’s well-being. In cases where the child is old enough to cognitively make rational decisions, the courts will take into account their preferences.
When will the court modify a visitation order?
One common issue that arises with cases of this nature is that one parent fails to abide by the agreement and refuses visitation to the other parent or does not return the child at the determined time. When these matters arise the parents may have to go back to court to resolve their differences or seek legal counsel to help enforce the visitation agreement in place.
Some valid circumstances for visitation modification would be:
Failure to follow the visitation schedule
Failure to return the child at the designated time
Immoral influence or illegal teachings being exposed to the child
A parent being convicted of crime
If you are looking to establish or modify a visitation agreement, speak with a Denver family attorney at our firm as soon as possible. Visitation schedules can be modified as well if there are significant changes in circumstances. These circumstances must be new evidences to the court, not factors that have been dredged up in past proceedings.
Types of Visitation Agreements
There are several types of visitation, including:
- Unsupervised Visitation — This is the most common type of visitation agreement and it is only awarded if the non-custodial parent has no history of violence, abuse, neglect, alcohol or drug dependency or a criminal record. Unsupervised visitation means that the parent can take their child to their home residence, or out to enjoy any type of appropriate activity during their allotted visitation time. In some cases, the court will place restrictions. For example, if the child is an infant, the father may be asked to visit the baby at the mother’s home until the child is accustomed to drinking from a bottle and is not fully dependent on breast-feeding.
- Supervised Visitation— When the courts supervised visitation, it is usually because the non-custodial parent is not completely trustworthy or poses a small threat of danger to the child either emotionally or physically. In cases of this nature, the courts will have another individual present during the allotted times of visitation to act as a supervisor and oversee things. In some cases a grandparent or close friend can act as the supervisor or, in more severe cases, the court will appoint the visitation to occur at a specified neutral location and have a social worker supervise the visit.
- Virtual Visitation— This is another alternative type of visitation that the court will award if the parent is unable to physically meet with the child. With these specific cases, the parent and child may visit by means of the internet including Skype, email, instant messenger or video chat of some sort. This scenario is never ideal, but it works for long distance custody arrangements and things of that nature.
Jones Law Firm, PC: Fighting to Keep Your Family Close
As a parent, we understand that it is your innate desire to spend quality time with your child and to be intimately involved with their life. No parent wants to miss their child growing up. This is why matters of custody and visitation are so crucial. If you are looking to establish or modify a visitation agreement, we are here to help!
For qualified legal counsel that you can trust in your visitation case, contact a Denver family lawyer at Jones Law Firm, PC today.
Compassionate & Effective Counsel That Makes a Difference
April is very knowledgeable of the law and will not let you down.
I would have jumped over the net and shook your hand today
I couldn’t have gotten a better outcome.
April and staff were wonderful.
The firm is professional, positive and grounded in their approach.
The firm is professional, positive and grounded in their approach. Everyone in the office is always willing to help and is extremely flexible, which I can say is valued by a working professional. There has always been open and prompt communication. Hannah ultimately won our case, and she did so by having strong intellect, presentation skills, and a genuine interest in the well-being of both my daughter and I. I will continue to value the relationship and expertise long after the issues are resolved.
April is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success.
Family Law Information
Select Video By Title...
Parenting - Tips for Becoming an Involved Parent
Parental Alienation – Parental Alienation: Protecting Your Children
Child Support – Can I Stop Paying Child Support if My Ex Won’t Let Me See My Kids?
Alimony – Does Cheating Affect Alimony in Colorado?
Finances Video – 5 Important Financial Facts to Know Before Separating from Your Spouse
Cheating Video – 5 Things to NOT DO When You Find Out Your Spouse is Cheating
Latest News & Information
Are Child Custody Orders Permanent in Colorado?
Generally, child custody orders are issued in legal separations, divorce actions, and paternity actions. What many parents don’t realize at first is that the family courts see child custody orders as open-ended. Meaning, they are subject to change. There are many valid reasons why a child custody order may need to be changed. Often, child custody orders are modified because the child’s needs or activities change, because of a job change, a new spouse, a relocation, an illness or a disability. Sometimes,…
Can Workers’ Compensation Be Taken for Child Support?
Workers’ compensation is a no-fault system. Meaning, if a worker is injured in a workplace accident or if they become sick with an occupational disease, the worker can file a workers’ compensation claim regardless of their own degree of fault. While workers’ compensation covers medical care and provides monthly benefits to the injured worker, it does not compensate the individual for 100% of their pay prior to their injury. Instead, workers’ compensation is less than…