How to Secure Visitation Rights For Noncustodial Parents
Sometimes the best thing to do for a child is to admit that a relationship between the parents will not work and that they are better off going their separate ways. Parents may not feel the same way about the amount of visitation that they each get. One parent must be assigned residential custody and the other is granted visitation rights.
- Retain a lawyer. In order to secure parental rights including custody and visitation rights for the noncustodial parent, it is best to retain a family court lawyer. If possible, retain a family lawyer who specializes in custody cases.
- Decide how much visitation the noncustodial parent wishes for. This is just a start. There is no guarantee that the lawyer will be able to get the desired amount of visitation for the noncustodial parent, but it does give clear guidance as to what the noncustodial parent wants.
- Set a court date. The lawyer will contact the custodial parent to let him or her know that everyone is going to court to legalize visitation amounts and times. The court likes to leave these matters to the family, so they are likely to hear the case and then send the parents away with the lawyers to try and determine visitation among themselves.
- Negotiate with the other parent. When asking to clarify or increase visitation with a child, the noncustodial parent must be prepared to compromise in order to get the closest to what they want. For example, if the noncustodial parent is asking for an extra day or two of visitation, he or she may be more likely to get it if they are willing to do the driving to pick up and drop off the child. Remember to consider holidays and birthdays when making visitation legal.
- Sign the agreed order and get it approved by the judge. The lawyers will get together and draw up the paperwork, inspecting it to make sure everything is stated as discussed. Then the parents either need to sign the papers or authorize the lawyers to sign for them.
- Notify the lawyer, if necessary. If the custodial parent refuses to cooperate with the visitation agreed to, then the noncustodial parent must notify the lawyer so that the matter can be taken back to court and they make the custodial parent comply with the agreed order.