Hamilton Visitation Lawyer

In most divorce cases involving kids, courts prioritize the children’s well-being and best interests during proceedings. This means that apart from being able to support the children financially, parents are required to meet other obligations, including spending time with them. Known as parenting time, this is an allotted period of time that a noncustodial parent needs to spend with their children.

Even in amicable divorce proceedings, visitation rights and the frequency can be a problem. This is why you need an experienced Hamilton visitation lawyer from The Riley Divorce & Family Law Firm to help you get your fair share of parenting time and visitation rights. Contact us to speak with our family lawyers who offer 24-hour availability.

Understanding Visitation Rights

Having a dedicated and compassionate visitation lawyer in Hamilton is crucial because, unless parents are able to agree on when each party can have the kids or visit them, a court typically determines the primary custodian and makes an official ruling on parenting time and decision-making rights. This makes. While one parent may have primary custody rights, the Divorce Act states that visiting parents can spend time with the children at their primary residence or agreed-upon locations.

They can also ask for information on the child’s health, education, and other important daily life matters from the primary custodian or familiar third parties. The children can also go spend time with the noncustodial parent if both parties are open to that arrangement. This is known as visitation rights. Factors that influence visitation rights include:

• Which parent demonstrably has the child’s well-being and best interests at heart
• Which parent can comfortably meet the child’s needs, including feeding, medication administration, and providing a safe environment during parenting time
• Whether the child has a great relationship with the noncustodial parent and/or other extended family members
• Whether the visiting parent has a history of mental and physical health problems
• If a parent has any substance abuse problems
• If one parent tries to alienate the child from the visiting parent
• Whether the parent has been abusive towards the child in the past
• Whether the primary custodian feels the child is safe with the noncustodial parent

While child custody laws favor parenting time with both parents, it primarily considers the child’s well-being first. This means that parents who do not have primary custody can only visit their kids if the children will be safe with them.

What Are the Parenting Time Categories Available to Noncustodial Parents?

Depending on the divorce terms, parents can have shared, split, or supervised parenting time. In shared parenting time, children must spend a minimum of 40% of their time with each parent.

With split parenting time, at least one child lives mostly with one parent. For supervised parenting time, the noncustodial parent’s access to the child must be “chaperoned” by a designated witness such as a relative, friend, social worker, or government employee. Our Hamilton lawyers could help you understand what your rights are and advocate for shared or split parenting time to protect your time with your kids.

Seek Help from a Hamilton Lawyer to Protect Your Visitation Rights

When it comes to having access to your child, you need all the help you can get. This is particularly crucial if you suspect that your ex-partner or co-parent might be trying to alienate you from your child.

At The Riley Divorce & Family Law Firm, our Hamilton visitation lawyers can help fight for your fair share of parenting time, allowing you to spend a lot more time with your child. Contact us today to discuss your case.