Upon learning that your spouse has won primary residential custody rights regarding your child, you will likely find yourself distressed--at least to some degree--and wondering what your visitation rights amount to in divorce proceedings. Despite some minor variations from state to state, visitation rights in divorce cases essentially are the same no matter where you reside in the country, according to Cornell University Law School.
Parenting Time Concept
In establishing visitation rights in divorce cases, most jurisdictions maintain the parenting time standard. Parenting time means that a noncustodial parent must not be relegated to the status of a visitor in the lives of her children. A parenting time plan must be developed in such a manner to ensure that the noncustodial parent maintains ample time to spend with her children on a regular and recurring schedule. What is a suitable amount of time is determined by the court on a case-by-case basis, according to Nolo.
Time Frame
Visitation rights arising out of divorce proceedings do not merely take effect at the conclusion of the case. Rather, a noncustodial parent possesses specific rights to seek and obtain temporary visitation during the entire time the divorce case works its way through the court system. Such a parent can seek temporary visitation the moment the court renders a decision as to temporary custody, according to "Child Custody A to Z" by Guy J. White.
Considerations
Visitation or parenting time rights are developed not only to enhance a noncustodial parent's relationship with his child but to serve the best interests of the child, according to Cornell University Law School. Indeed, all decisions made by a court with regard to custody and parenting time with a minor child focus on furthering the child's best interests. Custody and visitation works to ensure that the welfare, health, safety and well-being of a child are all advanced through the specific orders of the court.
Features
The features of a plan designed to satisfy the noncustodial parent's rights include regularly scheduled parenting time sessions. A common schedule includes parenting time during the week that may or may not include an overnight stay. Visitation occurs on the weekend for a longer period of time, usually involving an overnight stay. During the summer months, a noncustodial parent enjoys extended visitation with the children and this parent spends time with the children on alternating holidays.
Right to Representation
A fundamental right of a noncustodial parent during divorce proceedings, including a case involving visitation rights, is to obtain legal representation. Across the United States, attorneys are in practice specifically in the arena of family law. The American Bar Association maintains a selection of resources designed to assist you in connecting with these types of lawyers.
References
- "Child Custody A to Z"; Guy J. White; 2005
- Nolo: Child Custody FAQ
- Cornell University Law School: Child Custody Overview
