Visitation—also typically referred to as parenting time—is the right for a noncustodial parent to spend time with their minor child. Visitation is common, as the courts generally prefer noncustodial parents to have the chance to develop a meaningful connection with their children.
If you are embroiled in a visitation dispute, a practiced family law attorney might be able to help. Before you take on these important issues alone, consider discussing your options with a Junction City visitation lawyer.
Visitation Options Under the Law
Not all visitation is the same. The courts have the power to grant a parent broad visitation rights, but a judge could also offer very limited time with the children as well. In some cases, the court could prevent a parent from having visitation with their child at all. A seasoned Junction City visitation attorney could push for a fair outcome in these cases.
As a baseline, there is a presumption that visitation is what is best for the child. That means it is common for the court to award regular visitation on a fixed schedule. The court will also allow the parents to negotiate flexible visitation if their relationship allows for it.
Sometimes the court will award visitation, but only when it occurs in the presence of a neutral party. This is done to ensure the safety of the minor child while in the parent’s presence.
As the name suggests, there are times when the judge will determine that visitation is not appropriate. The law presumes that visitation is in the best interests of the child, so there must be some evidence to establish that visitation rights would be detrimental to the minor. Visitation is often barred when parents have a history of abuse or drug use.
Modifying Visitation Orders
When the courts issue a parenting plan, it is never the final word on the subject. There is always an opportunity for either parent to seek a modification to the parenting agreement, but these modifications are never guaranteed to be granted. A Junction City attorney could improve the chances of success when it comes to visitation agreement modification.
There are many reasons why modifying a visitation order might make sense. As children grow older, their interests and needs change. Changes in a parent’s life could also make a modification of these orders a good idea. A modification of the parenting agreement is only possible with court approval.
This process begins with a motion to modify the parenting agreement. The motion should explain the material change in circumstances that makes the change necessary. The parent applying for modification must make the case to the judge that, since the last time visitation was considered, a material change in the lives of a parent or child requires a modification to the parenting plan. This could involve something like a new job or a relocation. Once the court hears both sides, the judge will determine whether or not to modify the order.
Call a Junction City Visitation Attorney Right Away
Few things in life are as important as your relationship with your children. If you are facing a visitation dispute, it is crucial to take swift legal action to protect your rights as a parent. Schedule a consultation with a Junction City visitation lawyer to learn more about your options regarding visitation.