If you have children and get divorced, and your children no longer live with you full-time, you will likely still have a right to see them. Called visitation rights, the exact details of when and where you can visit your children will be determined by a court during your divorce.
Different visitation scenarios
Often, if the couple does not agree on a visitation plan, a court will order "reasonable" visitation. The parent the children live with will likely propose a visitation schedule in keeping with the children's other activities.
Reasonable visitation requires some flexibility and cooperation between the two parents. If you suspect that reasonable visitation will be problematic with your ex-spouse, ask the court for a fixed visitation schedule. If you agree to reasonable visitation but you find the plan isn't working, you can ask the court to change the visitation plan. Sometimes the court will order fixed visitation to give the children a more predictable schedule and eliminate the need for interaction between the parents that the court feels is bad for the children.
If one spouse has a history of domestic violence, the court will likely require that visits be supervised by another adult. This adult could be a relative, friend, or neutral third party, or may be someone chosen by the court. In any case, the supervising adult must be approved by the court.
An attorney experienced in family law can help you make sure you maximize your visitation rights.
If you don't comply
If you fail to show up at visitation times or otherwise ignore the court's visitation rights order, your ex-spouse may sue you to enforce the agreement. This will likely result in additional attorney costs. It may also cause embarrassment or additional friction between you and your spouse, and may negatively impact your children's feelings about you. But you are not likely to be fined or go to jail.
Grandparent visitation
There are various grandparent visitation laws in each of the fifty states. For instance, grandparents, foster parents, and stepparents may have the legal right to maintain their relationships with the children, though these relatives will have to demonstrate to the court why having visitation is best for the child. In other states, only grandparents may have visitation rights, and only under certain circumstances, such as after the death of a parent or after a divorce.
Related Legal Guides:
Understanding Child Custody
Joint Child Custody
Temporary Child Custody
For more information visit avvo.com