Child custody and visitation is often one of the most difficult issues dealt with in family law court. In many cases, both parents want to spend as much time with their children as possible, making it a challenge to determine a visitation schedule each party can agree to. If you’re going through a similar situation, it’s important to know which rights you have under your state’s child custody laws. As the most trusted legal representative in Rochester, NY, John D. Wieser, Esq., P.C. has helped many clients navigate the complexities of sensitive family law matters. Below, he and his team of professionals discuss a few commonly asked questions concerning parental visitation.

FAQs About Family Law & Parental Visitation

What Is the Difference Between Reasonable & Fixed Visitation?

A family law judge may provide the non-custodial parent with an order for either reasonable or fixed visitation. The first allows both parents the opportunity to come to a visitation agreement on their own. Although the parent who has been granted physical custody will typically have more say over the schedule, the court will expect them to be reasonably flexible. In contrast, a fixed order will consist of a detailed schedule already set up by the court.

What Should I Do If the Other Party Is Not Following Visitation Orders?

If one parent isn’t following the agreed-upon visitation schedule or the specific order handed down by the court, it’s best to seek counsel from a family law professional. They will know the proper steps to take to report the violation and will represent you in court should you be called in to address the issue. It’s crucial not to stop paying any court-mandated child support regardless of the other parent’s behavior, as this would reflect poorly on you in court.

What Rights Do Grandparents Have to Visitation?

Every state has laws concerning grandparents’ rights to visitation. They are generally given the chance to ask the courts for a visitation schedule that would allow them to maintain a relationship with their grandchildren. Despite this, the courts will often strongly take it into consideration if a parent wishes to restrict visitation with grandparents.

What If One Parent Has a History of Being Abusive?

In the event one of the parents has a history of abuse, the courts will require their visitation to be supervised by an approved third party. This means an adult must be present throughout the visitation time to ensure there is no misconduct taking place. This person can be someone the parents agree on together or someone appointed by the court.

The more you understand about your parental visitation rights, the easier it will be to make sure you get to see your children accordingly. If you wish to have your case reviewed, it’s crucial to consult with a lawyer who specializes in family law. Contact John D. Wieser, Esq., P.C. at (585) 328-0660, or visit the law office online for additional information.