Visitation rights ensure that a child or children are not deprived of the love and care a parent wants to provide simply because the parent and his or her ex-spouse opted not to live together. Generally speaking, the parent who does not have possession of the children has the right to visit the children and/or have the children come stay with him or her for certain weekends, a portion of the child’s birthday and for part of the Christmas, summer and Spring break holidays. The exact days a non-custodial parent can visit his or her children will depend on how far the non-custodial parent lives from the children, how often the non-custodial parent would like to see the children and other factors.
A parent’s right to see his or her children cannot be denied simply because the non-custodial parent has failed to pay child support. Additionally, the parent who has possession over the children cannot arbitrarily deny a parent lawful access to his or her own kids without facing legal consequences. If you have a right to see your children and your ex-spouse is infringing on this right for any reason, our experienced legal team can help you set matters straight by asking the court to either ensure that you are allowed to see your kids or modify the original custody agreement so that your kids can come live with you.
On the flip side, there are some ex-spouses who should not be allowed to see their kids, at least not without mandatory supervision. If your spouse has a criminal record, has tried to do harm to you and/or your kids in the past and/or you have evidence that your spouse may be planning to abduct the children from you, you can petition the court to either reduce a visiting parent’s rights or have the parent supervised for the duration of the visitation. In such instances, we can collect evidence on your behalf and represent you in court so that your child’s best interests are served without delay.