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Do I Have The Right to Visitation?

Family Lawyer in ConnecticutDivorce is one of the most stressful hurdles that life can throw at you. If you’re going through a divorce, you’re bound to be feeling substantial pressure. Visitation and custody issues are some of the most difficult elements of an extremely difficult situation, so questions about visitation are often the most fraught with emotion and the most important. If you’re facing a divorce, don’t leave questions about visitation to chance—consult an experienced Connecticut divorce attorney today.

Legal Custody

The courts prefer that divorcing parents work together to come up with a mutually acceptable parenting plan, which is a great idea in a perfect world. Unfortunately, the stress and chaos of divorce can leave one or both spouses less than amenable to collaboration. Nonetheless, the court’s top priority is that parents share joint legal custody, which means that each parent participates equally in making the significant decisions that affect the children’s lives. Such decisions include those related to education, healthcare, and religion. A parent isn’t typically awarded sole legal custody unless the court determines that the other parent is absent, abusive, or negligent.

Physical Custody

Physical custody is different than legal custody—and the distinction can be confusing. Physical custody refers to whom the children physically reside with. It isn’t extremely uncommon for one parent to have sole physical custody, and that’s where visitation comes in. It’s important to remember, however, that—even with joint physical custody—it doesn’t mean that each parent spends an equal time with the children. Instead, it means that the children live with both parents on a prescribed schedule.

Child Visitation

If your spouse receives sole physical custody, you will receive a visitation schedule. The courts consider it essential for children to maintain healthy relationships with both parents, so it is rare for a parent to be denied visitation (except in situations involving abuse). If you and your soon-to-be-ex can’t create an acceptable visitation schedule, the court will do it for you. There are certain elements that should always be factored into such a schedule:

  • Visitation during the school year, including weekends and weekday visits
  • Responsibility for picking up and dropping off the children
  • Visitation during holidays and other school breaks
  • Extended parenting time during the summer

Your Rights

The answer is that you do have the right to visitation (except under extreme circumstances), and it is in your best interest—and those of your children—to establish a generous visitation schedule at the outset. An experienced divorce lawyer can help ensure that you do.

For More Information About Child Visitation, Contact a Connecticut Family Lawyer Today

Child custody and visitation issues are arguably the most difficult component of an extremely difficult situation. The experienced and compassionate divorce lawyers at the Law Offices of Piazza, Simmons & Grant, L.L.C., in Stamford, Connecticut, will help you establish the visitation schedule that you and your children deserve. Our divorce attorneys are here to help, so please contact or call us at (203) 348-2465 today.

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