North Carolina Visitation Lawyer
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If parents aren’t awarded partial physical custody of their child, they will be granted visitation instead. Most courts will determine a parent is entitled to “reasonable visitation,” which means the court will leave it up to the spouses to come up with a plan of parental visitation time. However, the parent with custodial rights will have more power and influence or what is considered “reasonable.”
Talk to our skilled North Carolina visitation attorneys if your ex-spouse is being reluctant to allow you to visit your children. Krusch & Sellers, P.A. have over 65 years of combined experience working with many families on the most sensitive family law cases. Let us see what we can do for you.
Contact us at (704) 343-8811 or fill out our online form to schedule a consultation with our attorneys today.
If you and your spouse can agree on custody arrangements in advance, you will include information about a visitation schedule when you submit your divorce papers. Your custody and visitation schedule should include plans for residential schedules, holiday schedules, and summer break schedules.
Your agreement can also contain information about visitation rights by electronic communication, such as by phone, e-mail, instant messaging, text messaging, video calls, and so on. When setting this up, you should cover the topics of the hours in which communication can be made, how the parents will share the cost of electronic communication, and how parents will share access information order for a child to have electronic communication. However, electronic communication doesn’t replace physical visitation and doesn’t affect child support amounts.
If you and your spouse can’t agree on child custody and visitation, you must go to mediation before proceeding to court. A mediator is a neutral third party that will help both spouses decide on the issues you need to resolve, from child custody to property division. If you can’t reach an agreement through mediation or with a parenting coordinator, you then must go to court and allow a judge to decide custody and visitation schedules.
If a parent is deemed to be a potential danger to the child, a judge can order that the visitation be supervised or monitored. Supervised visitation can occur in the visiting parent’s home, and the supervisor in that location might be another relative, a family friend, or even a social worker. In other cases, supervised visitation might occur in an even more safe setting, such as the office of a physician or mental health professional. If visitation begins as supervised visitation, the judge may provide for a phase-out of supervision once the parent proves to be more reliable or consistent around the child.
Typically, a relative of a child other than a parent lacks any legal right to visit or communicate with a child if a parent forbids such contact. This common-law rule is grounded in the right parents have to determine their child’s companionship, custody, care, and management. However, this right is not absolute. The state has the power to deem certain kinds of visitation might be in a child’s best interests. Under this authority, all states enacted statutes allowing grandparents to have some kind of visitation rights, particularly in cases where the child has a close relationship with those grandparents.
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If you need help negotiating custody and visitation with your spouse, or you’re a grandparent who wishes to explore the possibility of visitation with your grandchild, don’t hesitate to call us. Krusch & Sellers, P.A. is a small firm that provides a more personal level of service than larger firms can offer. To us, you are more than just another case file. Our skilled North Carolina family law attorneys are dedicated to getting to know the people we represent and communicating with them about their case throughout the entire process. We are also focused exclusively on family law, meaning we are most familiar with and knowledgeable of North Carolina family law without being distracted by other legal practice areas. Let us see what we can do for you and your family.
Contact us at (704) 343-8811 or fill out our online form to schedule a case review with us today.