Columbia Visitation Lawyer
A divorce is one of the most emotionally difficult times you may experience. In addition to ending a marriage, you and your soon-to-be ex-spouse must decide how to divide property, assets, and business interests. Even more important, and perhaps most contentious, is agreeing on a custody and visitation arrangement for your children.
If you are going through a divorce and need help coming to an agreement, or if you need to enforce an existing agreement, speak with a Columbia visitation lawyer at Price Benowitz. An experienced family law attorney can provide you with advice and guidance on a plan that fits the unique needs of your family.
The Difference Between Visitation and Custody
While custody and visitation are often discussed together, they are two distinct rights. Custody determines which parent the child lives with, and it allows the custodial parent to make decisions on important aspects of the child’s life, such as where they go to school. Both parents can share custody depending on their circumstances and desires.
Sometimes it makes more sense for one parent to have sole custody of the child. In these situations, the non-custodial parent has visitation rights to see their child. During the divorce proceedings, the couple agrees on when and how long the non-custodial parent gets to spend time with the child.
However, visitation is as much a privilege as a right because it may be denied or adjusted. Courts always consider the best interests of the child when granting custody and visitation, and if one parent can convince the court that being with the other parent is dangerous or detrimental to the child’s well-being, the court may deny visitation or order supervised visitation. Some factors that courts consider when denying or altering visitation include:
- Mental health issues
- Each parent’s living situation
- Any history of violence or substance abuse
- The distance the parents’ live relative to each other
Once both parents reach an agreement, they must comply with its terms. If the custodial parent fails to uphold the agreement, the non-custodial parent may seek enforcement through the court.
Determining how often a parent gets to see their child in Columbia is a complex process with no universal solution, which is why it is important to have the help of a skilled attorney. This assistance becomes even more vital if denying visitation is in the best interests of the child.
Who Has Visitation Rights?
Generally, only the child’s legal parents hold visitation rights. However, legal parentage does not always align with biological parentage. In such cases, a non-birth parent must take additional steps. For instance, if the parents are unmarried at the time of birth, the father must demonstrate paternity, which can be achieved in a few ways.
Courts can treat a non-biological parent as a legal parent in limited circumstances. This is called a de facto parent and has the same visitation rights. A de facto parent is someone who has a parent-child relationship with the child and has demonstrated the obligations and responsibilities of parenthood for a sufficient length of time. There are four specific factors that must be satisfied to demonstrate that you are a de facto parent, which include the consent of the biological parents to you acting in a parental role.
Grandparents and stepparents generally do not have visitation rights, unless they can establish a de facto parent status, exceptional circumstances, or parental unfitness.
As always, courts consider the child’s best interests when determining who can spend time with them. An experienced Columbia lawyer can help advocate for a parent’s rights and preserve their ability to visit their child.
Bring Your Visitation Case to a Columbia Attorney
Whether you are trying to complete a custody agreement, enforce your visitation rights, or protect your children from a potentially dangerous situation, it is vital to seek legal counsel. Price Benowitz has decades of experience helping parents in all aspects of a divorce.
Every family’s situation is different, and a skilled Columbia visitation lawyer can develop a solution that fits your family’s needs. Contact Price Benowitz today for a free case evaluation.