Divorce Visitation Rights
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The major concern of the couple at the time of divorce is their children. Most of the people try to sort out their differences in order to save their children from the negative effect of divorce, but sometimes there is no other option than to take a divorce, in certain cases. Post divorce, couple can ask for visitation rights. Visitation is also called as Parenting Time. As per the divorce visitation rights outlined by the court, the non custodial parent is permitted to spend time with the child. This is done so that the child can spend time with both the parents and feel loved. Many children become depressed after their parents end their relationship, but visitation makes them feel more secure.
Divorce Visitation Rights in different circumstances
- Consider that a divorced woman's ex husband's sister has lived in the residence of her brother for a considerable period during the marital life of the brother. After the divorce, this sister demands for visitations rights of the children. Most people would like to know if this is permitted.
Several states in the United States permit visitation rights to individuals other than the parents who have played an active role in the life of the child. This is done when the child is emotionally attached with the person. However, these visitation rights are not granted automatically. The court ensures that the individual seeking these rights is interested in the welfare of the child. Moreover, the visitation must be in the best interests of the child.
- Consider that a divorced partner has been just released from jail. So, can such a partner be permitted visitation rights?
This person must procure a copy of the divorce papers so that he / she can understand the parenting rights. If in the original divorce paperwork, this person has been awarded visitation rights, then this person can begin visitation as per the schedule mentioned in those papers. However, it must be ensured that the court has not issued any orders comprising of any modification in the visitation rights after the divorce.
A practical difficulty is that the children have not seen this parent for a considerable duration. So, this parent must cooperate with the ex spouse with an aim of conducting the visitations smoothly, not harming the child.
- If a stepfather has divorced the mother of a child, is it possible that this stepfather would be awarded visitation rights?
In some states in America, there is a definite possibility that such a stepfather would be given visitation rights. The state intends to offer the child all the concern, care and attention, the child would have received if the divorce had not taken place. Now-a-days there are various rules and regulations that help the child in getting what they deserve even after his parents take a divorce.
- A non custodial father must go through the court ruling in order to interpret the minimum rights of visitation granted by the court. This court document specifies when a particular visit should begin and when it should finish/ terminated. If this father develops a good relation with the ex wife, then it is possible that the frequency of visitation might increase. However, such extra visits are not guaranteed and depend highly on the readiness of the custodial mother. If the custodial mother denies giving extra time for visitation then things would take place accordingly.
- In a particular case, a divorced mother had the sole physical custody of her son who was 3 years old. The father stayed 5 states away and was granted the permission to take the son for 4 weeks every summer. During one summer, this father threatened his ex wife that he would not return the son. Here, it must be noted that the divorce decree and custody papers of the ex wife can be enforced in the state of the father. The mother can also decrease the visitation schedule by complaining about the threat. Any illegal act needs to be reported, which can further lead to termination of the visitation rights.
All the information stated above is authentic and thus all the rules and regulations should be followed post divorce. All the decisions regarding the child custody and visitation are taken after considering all the evidences and then the decision is taken in the best interest of the child. Visitation is given to the non custodial parent so that they can spend some time with the child and enjoy his love. This right can be terminated any time, if the non-custodial parent is caught committing any legal act.
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