The laws in Frederick state that both parents of a child have the same rights and obligations to raise, care for, and visit that child. Every case starts with the presumption that both parents are equally qualified to provide a loving home for a child. However, there are some cases where a judge decides to grant sole physical custody to one parent over the other. This commonly results in the other parent retaining visitation rights.
Still, there are rare situations where a court will deny a parent visitation right. This may result when the court makes a determination that one parent has abused or neglected the child and may deny visitation or order supervised visitation to protect the child. Even so, if you are subject to an order denying visitation, things do change, and you have the right to ask a court to review an existing order.
A dedicated Frederick visitation lawyer could answer your questions concerning child visitation. A skilled family law attorney could assist with the creation of initial visitation orders, modifying existing orders, and even asking courts to step in when parents refuse to take their parenting obligations seriously.
Why a Court May Issue a Limited Visitation Order
Family courts in Frederick will always act in the best interest of a child. This especially applies to situations where the court must decide on matters of child custody. Normally, both parents have an equal say as to where a child lives or how that child will live its life. However, courts may place sole custody into the hands of one parent during a divorce or other separation.
A parent who does not receive custody has visitation rights. Typically, this is an unsupervised visitation on a regular schedule. However, courts may rescind these visitation rights if they believe that the parent has a history of abusive behavior.
According to Md. Code, Family Law §9-101, courts have an obligation to evaluate the likelihood of abuse or neglect if there are reasonable grounds to believe that abuse or neglect has occurred in the past. Furthermore, if the court determines that abuse or neglect is likely in the future, the court must deny custody or visitation rights to that party. A seasoned Frederick visitation attorney could help evaluate the court’s visitation procedures and the applicable laws.
Rights of Parents to Visitation Sessions
Any visitation order carries the full weight of the law. This means that a parent who has sole custody over a child must allow visitation as mandated in a court order. Additionally, parents with visitation rights may petition to the court to intervene if they believe that the custodial parent has interfered with those rights.
Under Md. Code, Family Law §9-105 parents who feel that the other has unjustly interfered with their visitation rights may file a complaint with the Frederick Family Court. This court may then issue an order rescheduling the visit, modify the order to require additional terms to ensure compliance, or may assess court or counsel fees to the parent who violated the terms of the visitation plan.
A diligent visitation lawyer in Frederick could help parents who need to go to court to enforce visitation rights or defend their actions in denying a visit.
Speak with a Frederick Visitation Attorney Today
Until a court rules otherwise, all parents have the right to have a say in the future of their minor children. Unfortunately, sometimes these rights extend only to the ability to visit a child under a court order. Even so, these rights carry the full weight of the law, and any person who violates those rights may be in contempt of court.
In addition, courts are obligated to issue child visitation orders that are in the best interest of the child, not a parent. As a result, parents who carry a likelihood to abuse or neglect a child may find that a court rescinds their visitation rights.
A knowledgeable Frederick visitation lawyer could help you protect your right to visit your children. They may also help if you believe that a visiting parent has violated their obligations under a visitation agreement. Take a step toward preserving your relationship with your children by calling today.