Resolving Visitation Issues

Lawrenceville & Gwinnett County Divorce Lawyer

Visitation is part of a court order that outlines the conditions of the non-custodial parent’s rights to see and visit his or her child. A visitation order can be issued when a married couple gets a divorce or legal separation and one parent is given sole or primary custody of the couple’s child. Such an order can also be given after a parent was separated from a child because of domestic violence. When a visitation order is given, a schedule is usually set up to determine how often the non-custodial parent (or the parent who does not have physical custody of the child) can visit with the son or daughter, as well as the duration of those visits. Schedules can either be decided between the parents themselves—such as through a parenting plan—or by a court when the parents cannot reach an agreement.

In some instances such as those involving domestic violence, supervised visitation might be ordered by the court. This means that the non-custodial parent can only visit with his or her child when a person who is appointed by the court is present. Parents who are ordered visitation following domestic violence can also be subject to other restrictions, such as being prohibited from overnight visitation or being ordered to “exchange” the child with the other parent only in protected settings. It is possible that a parent can be denied visitation. This generally occurs when the judge believes spending time with the parent will be detrimental to the child’s wellbeing.

Other relatives, such as grandparents, also have a certain amount rights when it comes to visiting a child after a divorce or separation (or other relevant family legal matter). A grandparent can have stronger claim to visitation rights when certain factors are present, such as the fact that he or she provided a certain level of financial support for the child in the past or the fact that the child used to live with him or her. A grandparent’s rights to visitation will be weighed in accordance with the parents’ rights and wishes, as well as with the child’s best interests.

Potential Problems Related to Visitation

When individuals violate their visitation orders, they can face a variety of consequences. There is a chance they could be ordered to attend parenting classes, have their visitation terms changed by a judge or even be held in contempt of court. When a person is held in contempt of court, he or she could end up being fined or forced to spend time in jail.

There are many visitation-related problems that can arise. One parent might not allow the other parent to have his or her rightful visitation time, therefore violating the court’s order. On the other end of the spectrum, a non-custodial parent might be violating the order by continually failing to show up for visits. Regardless of the type of visitation issue you are facing, it is in your best interest to seek the guidance and support of an experienced attorney. A Lawrenceville divorce attorney from Fox Firm, P.C. can protect your rights and help you with your case.

Top Tier Firm. Experienced Legal Guidance.

At Fox Firm, P.C., we have been representing individuals dealing with family-related legal issues for more than 20 years. We serve clients in Gwinnett County and the surrounding area in the state of Georgia. Our firm is very qualified when it comes to defending the rights of our clients, whether they are ending their marriages or dealing with matters of domestic violence. If we take you on as a client, we will make sure that you understand all legal issues surrounding your visitation case and will provide you with excellent legal guidance and representation. Whether you are a biological parent, grandparent, stepparent or sibling, our firm is equipped to fight for your rights regarding visitation in the state of Georgia. Contact us as soon as possible to discuss your legal options.