Divorcing parents have a lot on their plate and the law is often complicated,
which means you might have a lot of questions, especially when it comes
to the sensitive matter of child visitation. To help address some of these
pressing concerns, we compiled a list of answers to some of the most frequently
What is “Reasonable Visitation”?
When one parent is designated as the custodial parent, the court will usually
also order “reasonable visitation” for the other parent, leaving
the details of it up to the parents to negotiate. While the custodial
parent inherently has more control over dates, times, and the length of
visits, judges do take note of a parent who refuses to be flexible and
cooperative. This can eventually backfire if you should ever have to return
to court for a related matter.
It is in the best interests of everyone for parents to cooperate with one
another and communicate frequently if they want a plan that involves reasonable
visitation to succeed. However, if a parent is often late, skips scheduled
visits, or does not inform the other parent when he or she plans to take
the children, the issue can be addressed in court and the arrangement
can be altered.
What is Fixed Visitation?
In some cases, courts set up a visitation schedule, which includes times
and places for visitation with the non-custodial parent. This is common
in situations where a court senses a great amount of hostility between
the parents. It removes the risk of one parent trying to control the other’s
time, giving the children a chance at stability.
What if an Ex-Spouse Was Physically Abusive?
If a non-custodial parent has a history of violent or abusive behavior,
especially if it was directed toward the child, the court will likely
require that visitation between that parent and any children be supervised.
Visits may be supervised by someone the child knows, or someone appointed
by the court. Either way, the court must approve the selection.
Are Grandparents Entitled to Visitation?
All states have some form of grandparent visitation statute, though they
vary from state to state, some being more restrictive than others. In
some states, courts defer to a parent’s decision to limit or grant
extensive visitation. Others are more permissive and allow visitation
if it serves the best interests of the child.
What if a Grandparent Wants to Limit My Visitation?
Grandparents who encounter parental resistance to contact with their grandchildren
can request a mediation session with the child’s parents and, in
some state courts, this might even be required before consideration is
given to a petition for visitation. If mediation does not produce a resolution,
and the case ends up in court, a grandparent will have to testify about
the relationship he or she has with the grandchildren and their parents.
The court will scrutinize every aspect of a grandparent’s life, including
medical troubles, problems with the law, and other personal history. Essentially,
grandparents face the same level of inquiry that a parent may in similar
Birmingham Attorneys Upholding Your Child’s Best Interests
child custody disputes can be emotionally taxing and difficult due to the sensitive
nature of the issues. Having an experienced attorney at your side to guide
you through the process can help ease some of these difficulties. At The
Badalucco Firm, we want what is best for your child and will make it a
priority to help you and your spouse work out a sound and balanced custody
and parenting plan.
Call us today at
(248) 467-8208 to discuss your child custody case with us during a free case review.