If you are facing a divorce that involves children or are no longer with your children’s other parent, it is crucial to secure your visitation rights with the help of an experienced family attorney. Visitation, also known as parenting time, is always based on the children’s best interests. The law presumes in most cases that the children benefit from frequent and ongoing visitation between the children and both parents whenever possible, so parents can generally expect generous visitation.
Because your right to visitation is paramount, you should not wait to discuss your case with an experienced Colonial Heights visitation lawyer at Capital Family & Divorce Law Group.
What is Parenting Time?
Parenting time specifies when the children are with each parent. In Colonial Heights, the court only seriously limits a parent’s visitation with their children when there is a significant reason for doing so, which is something a lawyer could further explain.
In most cases, both parents generally receive ample visitation with their children; however, one may take on the role of the primary custodial parent. This is who the children spend most of their time with. They also have the authority to make decisions regarding the children’s daily care.
What Is in the Child’s Best Interests?
In visitation cases, the primary concern is always the children’s best interests, which are assessed through several key factors set forth in the Virginia Code.
Each Parent’s Involvement With the Children to Date
When one parent has had a more significant role in their children’s lives, it can influence the court’s ruling regarding visitation. For example, if one parent gave up their career to stay at home and raise their children, this can directly affect visitation terms.
The Parent-Child Relationship
If one parent has honed a far closer relationship with the children, this would also be taken into consideration. Often, the court determines this by the amount of time each parent has spent with the children.
Regardless of the reason, the court is likely to honor the connection forged. It should also be noted that the court will take any signs of parental alienation by either parent very seriously.
The Status Quo
The court will note if the children’s current living situation is working well for them in terms of their home, schooling, and community. This is known as the status quo, and it can be pivotal in determining visitation cases.
A Child’s Reasonable Preference
If the court finds that a child has the maturity and understanding to offer a reasonable preference regarding the visitation schedule, it will take their input seriously. The overall impact that this preference has, however, will be based on a range of variables.
Each Parent’s Commitment to Effective Co-Parenting
State courts routinely find that effective co-parenting helps foster children’s best interests. Each parent’s commitment to successful co-parenting highlights their focus on what is best for the children. When one parent is more invested than the other, it can bolster the parenting time they receive. A Colonial Heights lawyer could explain further how parents’ circumstances could affect their visitation outcome.
Negotiating Suitable Visitation Terms for Each Family
If a divorcing couple can negotiate visitation terms that work for their family between themselves, they can generally expect the court to accept them. This approach allows individuals to retain authority in the decision-making process. Most couples strongly prefer this over granting a virtual stranger the authority to make visitation orders.
Unfortunately, not all divorcing couples can negotiate matters independently. However, there is still hope for a favorable outcome. Individuals in Colonial Heights could rely on their respective visitation attorneys to skillfully negotiate on their behalf.
There is also the option of mediation. This is a voluntary process in which each person and their respective visitation lawyer meets with a professional mediator. The goal is to establish common ground and move forward from there, and it can be quite effective.
Contact an Experienced Visitation Attorney From Colonial Heights Today
An accomplished Colonial Heights visitation lawyer at Capital Family & Divorce Law Group could utilize their experience and legal skill to pursue visitation terms that protect your parental rights and support your children’s best interests. Contact us today to learn more.
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