The right of an uncontested divorce is one of the most important things to remember when fighting over custody and visitation. Once you have decided to file for divorce, this document is one of the most important tools you will have in your divorce arsenal. A visitation order will determine where you and your spouse will live, go on vacation, and who will make decisions about your children. Understanding how the supervised visit works can help you get the most out of this valuable document.
The first thing you need to know about how a visitation plan works is how the courts decide who gets custody and how often. A judge can either limit visitation or grant full custody. There are many cases in which a judge will make a limited visitation order while protecting the child. In other cases, the court may choose to limit visitation because it does not want the non-custodial parent coming into contact with the child. Some examples of cases in which the courts might limit visitation but do not grant full custody are: If the custodial parent is likely to move to another state, or if the custodial parent has demonstrated that they can provide the necessary care for the child.
If one parent is financially unemployed, and that parent does not have another income, that parent has the opportunity to seek sole custody. This is called “visitation rights,” and is one of the easiest types of divorce cases to win. In order to secure this right, however, one parent must submit financial documents as evidence that they can support themselves. If this means you need to get a lawyer, it would be wise to get one who specializes in uncontested family law so he or she can assist you with this part of the case.
Unsupervised visitation is not quite the same as it sounds. Unlike supervised visitation, where both parents have the ability to choose the times they spend with the child, unsupervised visitation is simply one hour a week. It is up to the custodial parent to make these arrangements, and the judge often requires that these hours are spread across the whole of the year. This means that a parent who has a job might not be able to get supervised custody because their job schedule does not allow them to.
Many people worry about the possibility of unsupervised visitation. The fear is that it will mean the child will be with a non-custodial parent for extended periods of time. This could be true if the court order allows it. In fact, the most important factor in your case is the long term effect on the child. If you do not have the money to support the child, or if you don’t have the time to be with your child on a daily basis, supervised visits may be what’s best for them. Of course, this is only one factor you must consider when deciding how to proceed in your divorce.
Another concern is that the other parent may not follow through. If they quit working and do not pay child support, this is likely to occur when you are not around. In a nutshell, this means that if you wish to have some contact with your children after a divorce, you need to create some kind of parenting plan or parenting agreement. A good way to do this is to draft a parenting plan that outlines all of your wishes for your children. Include any extra custody you want (if appropriate). You can also include a visitation schedule and explain what you hope to achieve by following the visitation schedule.
If neither of you can come up with an agreement, the court may order a professional provider or counselor to act as a mediator between the two parents. If the mediator cannot work out a parenting plan, the court may order the professional provider to provide custody and visitation to one parent, or it may order joint custody. This choice is made based on the child’s best interests. However, if a mediator is unable to serve, the court will appoint a third-party to mediate between the two parents.
Once the visitation schedule is established, and regular visits occur, the next step is to establish a schedule of visitation for the children. In most cases, the child custody and visitation schedule will be written up and filed with the court. This would be followed by the issuance of a Temporary Restraining Order (TRO).