‘Access’ is the appropriate legal term for the right to parenting or visitation. After divorce, the custodial parent retains the rights of primary care and decision-making for the children. However, the non-custodial parent holds the right to meet and spend time with them too.
Children tend to do better in all regards when they get the care of both parents. Unfortunately, there are circumstances when the non-custodial parent gets their access and visitation rights denied. If you are experiencing something like this, our experienced, professional lawyers can help you.
How is Parenting Time Determined?
If the parents decide to get divorced, the divorce agreement typically carries co-parenting arrangement clause with conditions along with it. This defines the access schedules. It usually includes transportation (protocols for picking up and dropping off) and methods for mediating unforeseen events which might require changes in the schedule at any point.
You can negotiate the access schedule the way you see fit for you and your family. Still, the court will definitely consider your arrangement and reach a verdict that protects the children’s best interests. Upon approval, this would be the only point of reference for access to either parent.
Negotiating a firm, thorough, clear agreement with specified guidelines and timelines for accessibility and visitation is vital to avoid any complications in the future.
Could You be Denied Visitation or Access as a Non-custodial Parent?
The answer is no. If the other parent is trying to or directly denying access, you can have them brought in front of the court. The visitation schedule can not be breached by either of the parents except for an unforeseen event.
When you bring the at-fault parent to court, the judge can order them to refrain from denying parenting and visiting time or even issue much harder sanctions. They might even change custody orders or even order the incarceration of the non-compliant parent.
Can Supervised Visitation Rights be Arranged?
The court might deny visitation rights if they think you could endanger your child. In such cases, you can go for supervised visitations. You must make a petition and prove to the court that you have made significant changes and are moving towards improvement for that, however.
Suppose you had a mental health condition. The matter might be unrelated but somehow may pose a potential threat to your child in the eye of the court. It is natural that the court cannot let go of any possibility of your child’s harm. You must present your treatment team, and they need to convince the court of the progress you have made, how you are managing the condition, and what you have done to make yourself safer to be around your child.
If the court is satisfied with the reports, they could appoint a third-party professional to supervise your visits and make necessary adjustments to your visitation schedule.
Why Moose Jaw Access and Visitation Lawyers?
Our team of experienced and professional lawyers can help you make a feasible deal out of your visitation rights and make life easier for you and your child. You’re not supposed to suffer in silence and have no one to help you through tough times like this. We are always here.
Get in Touch
For your sake and your child’s, we sincerely hope the day never comes when you have to fight for your access and visitation rights. If, unfortunately, you end up suffering this, we’re always here to help. You can simply contact us and schedule an initial consultation to sort out the plan to get legally represented by one of our expert and professional lawyers.
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