The relationship between a parent and child is precious and must be safeguarded. When a divorce occurs or an unmarried couple splits up, one of the chief concerns will be how this impacts the children involved. If you are not given primary parenting time or decision-making responsibility when you obtain a divorce, you may need to exert and understand your visitation rights.
An Oakville visitation lawyer could work with you and your co-parent to pursue a favorable visitation agreement. A skilled family lawyer from The Riley Divorce & Family Law Firm could help minimize the likelihood of a difficult court situation and execute a favorable agreement that protects your rights while putting your child’s best interests at the forefront of all proceedings.
When a couple with children divorces, they will need to determine the allocation of parenting time and decision-making responsibility. Parenting time refers to any period of time in which the child is under a parent’s care. Whether the child is at home, school, recreational activities, or a combination of the above, a parent who has parenting time is responsible for overseeing their child’s wellbeing and day-to-day life.
Decision-making responsibility refers to the rights granted to one or both parents to make important determinations about their child’s health, education, religion, and other matters of vital interest to the child’s upbringing. Often, parenting time and decision-making responsibility are split between both parents.
However, either upon the agreement of both parties or the determination of the court, parenting time may be split, shared, supervised, or, in some cases, awarded to one parent only. Decision-making responsibility may also be granted solely to one parent in certain situations. An Oakville lawyer could help you negotiate a favorable visitation schedule with your co-parent or represent your interests in court should the matter prove contentious.
Establishing a visitation schedule may be necessary in several situations. For example, if one child resides primarily with one parent or there are multiple children with different parents providing the primary residence for one or more children, a visitation schedule may be required. In circumstances where the court does not want to cut off a parent’s access to a child but feels that direct contact may not be in the child’s best interests, the court may order supervised visitation.
When determining parenting time and visitation schedules, there are multiple factors that could bear upon a court’s decision to approve a parenting plan. If the parties do not agree about the parenting plan, or there are concerns that time spent with one parent could run against the child’s best interests, the court may order a specific schedule.
When the judge enters an order, it will be the court that determines where the child or children live, how often they get to see each parent, and who will receive decision-making responsibility. The child’s age and needs, the wishes of the child, and the child’s relationship with each parent are important factors that can affect visitation rights.
The court would also consider factors such as a history of violence or abuse in the family, the ability of each party to co-parent with the other, and the stability of the family unit. Ultimately, the allocation of either parenting time or decision-making responsibility will revolve around what serves the child’s personal, psychological, and emotional best interests. A lawyer in Oakville can help you understand your parental rights and represent you at each stage of your visitation case.
A separation or divorce is never an easy process to go through, and if you have children with your former partner, this will add an extra layer of complexity to the proceedings. An Oakville visitation lawyer could fight for a reasonable and fair parenting time agreement.
An experienced lawyer from The Riley Divorce & Family Law Firm could help you navigate the visitation process while prioritizing the safety and well-being of your children. We can help you pursue a final outcome that safeguards your vital parental privileges. Contact our office today to speak with one of our lawyers about your visitation case and next steps.
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