Child Custody: Visitation Rights 101
Child visitation is a central aspect of all divorces where spouses have dependent children. Not only does each spouse have rights to a relationship with their child according to the Indiana parenting plan guidelines, but the children have legal rights as well to the same relationship development. The primary problem is that not all divorces are amicable when child visitation is being discussed in a divorce mediation proceeding or even when being implemented following the fact. It is essential for all parents to understand that they have significant legal standing when being denied ample opportunity to build a solid relationship with their offspring. This standing also includes paternity cases outside of legal marriage. Regardless of the material facts, it is always best to have an experienced and effective Garrett, Indiana, family attorney representing your case for the desired outcome. Each case will be unique in some fashion, and knowing how the law applies to a specific situation can be complicated.
Immediate Visitation Rights
Establishing visitation rights can be a complex process for some. When couples are divorcing, most divorces begin with a legal separation and then move on to the actual divorce process. Parents have a legal right to visitation with their biological child unless there are serious extenuating factors that can prohibit allowance. This is typically established even before a hearing in many instances, primarily by fathers who cannot access their kids immediately after the split. In addition, men who have paternity claims have legal rights as well, but enforcing this right will take going to court for an evidence evaluation by a family law judge. Once paternity can be proven, legal visitation and potential child custody issues can be discussed. Paternity cases can be detailed, and many times visitation may be monitored when the custodial parent contests the visitation.
Joint Child Custody Rights
Another right for parents is filing for joint custody. Joint custody is not always granted by the court when they step in as the advocate for dependent children, but either parent can request this possible arrangement. Joint custody is typically restricted to biological dependent children but can extend to non-biological children when continuing an established parental relationship is beneficial for the child. There are several factors the court will consider when reaching a decision on a joint custody request, but the allowance can be negotiated within the framework of a parenting plan in association with a mediation process. Indiana courts encourage divorcing parents or even estranged parents to negotiate a parenting plan for their children. A comprehensive Indiana family law attorney can help craft the arrangement for acceptance by the court.
Right to Question How Your Child is Being Raised
Parents of dependent children do not always agree regarding how a child is being raised. This can be a difficult topic to settle in court, but parents still have the right to a formal discussion of any problems either parent may have. Most custody orders are for custody and control instead of sole custody of the child, and certain factors such as lifestyle or religion could create problems as the child becomes of age. This is a decision that is also best addressed when worked out in mediation with an attorney for each side presenting the concerns of both the contesting parent and custodial parent. Having the right attorney can make a difference in these rare cases because the final ruling from the court can be unexpected, and often undesired. An experienced family attorney can provide advice on how the court may rule before going forward with the evaluation, and a compromise of some sort is often the best course of action.
Indiana parents should always remember that they do have significant rights as a parent, and so do their children when the court intervenes. And always remember that the nuances of the court can result in an unwanted situation regarding visitation with dependent children. It is best to retain a family law legal professional who has an established track record of results for their clients.
