Divorce not only can impact ex-couples’ lives but also their children’s. No one wants to get married only to divorce later on. Likewise, no couple also wants a broken family for their children. Unfortunately, divorce is a common thing, especially in the US.
Hiring divorce lawyers is crucial if you are contemplating a divorce. It will not be an easy journey, but it might be the only way to set yourself free from an unhappy marriage. However, there are a lot of things to consider before your divorce gets finalized. More so, you need to contain your emotions and keep everything as civil as possible.
When visitation rights become a chore
One of the things you need to consider during a divorce is child custody. You can hire child support lawyers to help you settle concerns regarding financial and custodial aspects involving the children. You and your ex-spouse should also agree on the visitation rights.
But in some cases, settling child visitation rights become complicated. For example, a wife accused her ex-spouse of being an irresponsible father. The wife is now requesting visitation rights to their child with the exception that the ex-spouse will be accompanied by another person during the visit.
This is when supervised visitation comes into the picture. Supervised visitation refers to a child custodial arrangement where the other parent can visit their children under the supervision of another person.
The judge usually assigns either a social worker or a counselor to accompany the visiting parent either assigned visitation center or at the petitioning spouse’s house. However, there are other instances where supervised visitation can be set.
The best divorce lawyers can only do so much when it comes to visitation rights. The judge will still be the one who will grant visitation agreements. You can also consult family lawyers more information about supervised visitation.
It can feel restricting visiting your own child with another person in tow. However, there are things to be considered before the court grants a supervised visitation to the other spouse. You will also need to show proof to decide whether supervised visitation is necessary.
When is a supervised visitation needed?
The court can grant supervised child visitation depending on specific circumstances. Regardless of these factors, the child’s welfare should be on top of the list. Some reasons that can grant a supervised visitation can be one or more of the following.
The visiting parent has a history of violence and abuse.
The court will consider supervised visitation if there is proof that the visiting parent has physically, mentally, or emotionally hurt the child in the past. A child showing signs of distress in the presence of the visiting parent can be a ground for supervised visitation.
The child can already decide for him/herself.
The court can also consider a child’s decision when it comes to custodial preference. However, it will depend on the state you live in. Some states require a child to be at a certain age to decide their custodial preference. Meanwhile, there are other states that don’t have any age requirement to decide if they want to see the other parent.
There is no established parent-child relationship.
The court can also limit visitation rights if the visiting parent is not able to establish a good relationship with his/her child. Visitation rights may also be revoked if the parent shows no intention to see the child.
What happens if the visitation schedule is not followed?
There are top rated divorce lawyers who are knowledgeable about visitation rights. It is important that both parties follow the child visitation schedule. Otherwise, it can lead to dire consequences.
For one, the parent (either the legal guardian or the visiting parent) might face legal sanctions if one of them breaks the agreement. The parent can be charged with contempt of court, lose the right to visit the child, or criminally charged. In case of a breach of the visitation agreement, you should consult family lawyers the soonest.
Avoiding supervised visitation as much as possible
As parents, our children should be the priority despite the ongoing divorce process. To avoid supervised visitation, you should make decisions that will benefit your children from now on. Be a good role model to them even if you and your ex-spouse are not in good terms. Make sure to contact the best divorce lawyers in Fairfax VA if you are planning a divorce.