Visitation is an issue that arises in divorce and paternity cases. It is also an issue that is addressed in modification and enforcement proceedings. As part of a divorce or paternity action, the schedule of parenting time that each parent is to spend with the parties’ child(ren) is decided. Visitation is the term that had been used for many years; however, the court currently uses the term “parenting time” instead of visitation. At times, one parent refuses to permit the other parent to have the parenting time that was set forth in the last court order. If one parent will not provide the other parent with the child(ren), as outlined in the court orders, the wronged parent may file appropriate court papers requesting the court to enforce the current parenting time orders. At times the parenting time schedule may become obsolete or one of the parents becomes unfit or unsafe for the child(ren) to have unsupervised parenting time with that parent. Sometimes it is a matter of one parent’s work schedule changing thereby causing the child(ren) to spend unnecessarily long days in daycare or with persons other than their parents. In either case, the other parent may request more parenting time by filing appropriate court papers. The court has the ability to modify the parenting time schedule in order to promote the child(ren)’s best interests.
Parenting time with a child is the time that a parent has to love, nurture and guide the child according to that parent’s values and beliefs. This is the time that a child bonds with his/her parent and establishes values and memories that will guide the child into and through adulthood. Involved parents recognize the need for the child(ren) to spend time with both parents; however, there are circumstances that dictate that one of the parents should have more time with the child(ren) than with the other parent. If there is a need to enforce the current parenting time orders, modify the orders or oppose modification of the orders, it is in a parent’s best interest to hire an experienced family law attorney to represent them through the proceedings. As visitation is a core issue in cases involving children, hiring an attorney experienced in family law cases will enhance your ability to have your case either settled fairly or, if necessary, effectively presented to the court trial.
The family law attorneys at The Schill Law Group have the experience and dedication to attempt to resolve your case though negotiation or mediation and, if settlement is not possible, they have the experience to effectively present your case to the court at trial. Please call our office at (480) 525-8900 for a free consultation regarding visitation.