Visitation, or parenting time, refers to the legal right of non-custodial parents to spend time with their children. Establishing a visitation arrangement is an essential part of the divorce process for co-parents, even when the relationship is strained.
If you are navigating a divorce or child custody dispute, a Mankato visitation lawyer can help protect your relationship with your children. With the assistance of a capable family attorney, you can reach a mutual agreement that aligns with your needs.
While parenting time and visitation are used interchangeably, state courts use the term parenting time to emphasize the importance of active parental participation in a child’s life. Although it is common for courts to grant one parent physical custody of the child, the other parent will typically be awarded a set amount of parenting time.
Often, divorcing spouses are able to arrange a visitation schedule that clearly outlines when each parent can spend time with the children throughout the year, including overnight visits, weekdays, and school holidays.
If spouses cannot reach an agreement, the case will proceed to trial, where the court will determine the outcome. Their final decision must be based on the best interests of the child rather than the preferences of each parent.
A visitation attorney in Mankato can help negotiate a fair parenting time schedule that focuses on the child’s best interests.
When determining child custody or parenting time, judges are required to prioritize the best interests of the child. Although courts must adhere to this legal standard in family matters involving children, they have some flexibility in determining what is in the child’s best interest. Several prominent factors should be considered in these cases, including the child’s physical, emotional, and developmental needs.
A critical aspect of determining what is best for a child is evaluating their medical needs. Some children may require more specialized care than others, and the court must take this into consideration. If special arrangements or frequent doctor’s appointments are necessary, this will be factored into parenting time decisions.
A history of domestic or household violence is another significant consideration in parenting time cases. The judge must assess the nature and context of the abuse, including any criminal convictions and the potential risk of future abuse to the children.
Judges may also consider the reasonable preferences of a child, but only when the child has the age, maturity, and ability to express an independent preference. However, courts have no obligation to comply with these preferences.
Both spouses must be willing and able to fulfill their parental responsibilities. This includes being prepared to attend to the child’s emotional, spiritual, and developmental needs. Additionally, the court may evaluate how consistently each spouse supported these needs.
Children often have existing familial relationships with parents, aunts, uncles, or grandparents during the divorce process. The law aims to support arrangements that preserve these connections.
A Mankato parenting time lawyer can ensure that a spouse’s rights are protected during the divorce process and advocate for the best interests of the child.
Numerous factors are taken into account when determining how parenting time is allocated. If you are concerned about preserving your relationship with your children, explore your legal options with a tenacious Mankato visitation lawyer. Reach out to Kohlmeyer Hagen, Law Office Chtd. today for more information.