Denver Visitation Attorney
Understanding Visitation Rights
When determining 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 them 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.
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 however, the court will order a mandated visitation schedule that both parents must legally 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 and propose a visitation schedule that adheres to that. In cases where the child is old enough to cognitively make rational decisions, the courts will take into account their preference of time spent with each parent. 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 they parents may have to go back to court to resolve their differences or seek legal counsel to help enforce the visitation agreement in place. Need a lawyer for a visitation case in Denver, CO? If you are looking to establish or modify a visitation agreement, speak with a
Denver family attorney at our firm as soon as possible.
When with the court modify a visitation order?
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. 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
Types of Visitation Agreements
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.
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.
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.
Fighting to Keep Your Family Close
Divorce is never an easy decision; neither is raising a child as an unmarried parent. When children are involved in family matters, the issues must be met with sensitivity, finesse and compassion. As a parent, it is your innate desire to spend quality time with your child and be intimately involved with their life. No parent wants to miss their child growing up which 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! Our legal team here at Jones Law Firm, PC has extensive experience with cases involving child custody and visitation.
Searching for an attorney for visitation in Denver? For qualified legal counsel that you can trust, contact a Denver family lawyer at the firm today to discuss your visitation case!