Legal procedure
deepak
(Querist) 04 September 2015
This query is : Resolved
My wife filed divorce petition in family court.
Query:-Can i file visiting rights for my minor child application in said divorce case.
SAINATH DEVALLA
(Expert) 04 September 2015
Establishing a fathers visitation rights during a divorce can be a contentious issue. With the rate of divorce steadily rising, often the parties involved overlook what is in the best interest of any children that may be involved. Depending on the issues surrounding the divorce, both parties may be granted visitation rights. If you are a man who is currently going through a divorce, you need to know your rights as a father and how to establish visitation.
Establishing a Fathers Visitation Rights During Divorce
There are many factors that go into establishing a father’s visitation rights during a divorce. Some lawyers will contend that in a divorce situation, there is something called de facto custody, where neither party truly has custody or visitation rights. In fact, visitation rights have to be set in court by a judge.
Visitation is basically defined as how you spend the time that the court alots with your child or children. If your wife was granted full custody of your children and you were awarded visitation, there would be certain terms that are mandated around your visitation schedule. Sometimes, depending on the situation, a father may be award overnight visitation, or visitation every other weekend.
Other visitation terms may include: supervised visitation (this where your visit with your child or children will be supervised by court appointed personnel), and a court appointed location where the visitation will take place. It is not unusual for a father to request a written version of their visitation rights. This is an important step to take because it will ensure that you have a copy of the original agreed terms of visitation.
VISITATION GUIDELINES:
When you are granted visitation, be sure to follow all of the guidelines that were agreed upon in court. Make sure that you arrive on time, and have a pleasant attitude. Children can pick up how you feel based on your body language, and you want to make sure that you convey a positive attitude with each visitation that you have.
Additionally, consider keeping a journal to document the time, the place and the duration of your visitation. This shows that you are responsible when it comes to your children should anything occur that requires that may place your visitation rights in jeopardy. Even if you are not the custodial parent, your job as a parent is to protect, provide for and nurture your child. Each time that you visit with your children you should keep this in mind. Regardless of how you feel about your ex-spouse, your children are depending on you.
