Understanding Sole Custody and Visitation Rights
If I Have Sole Custody Do I Have To Allow Visitation – Sole custody and visitation rights The two concepts of sole custody and visitation rights are crucial concepts when it comes to the law. In addition, one of the important and very often a disputable question is the question of children’s custody when parents decide to separate or get an divorce. Among such terms, it is possible to identify “sole custody” – what does it imply, and does it translate into complete exclusion of the non-custodial parent? This article aims to explain sole concepts and address the common question: ‘If I have sole custody does that mean I have to let the other parent see the children?’
What is Sole Custody?
This means that one parent who is awarded custody over the child has the authority and the right to physically take the child with him/her. This means that the custodial parent will be the only one to make major decisions concerning the child such as the school that the child should attend, the choice of doctor to take care of the child’s sickness, or the religion that the child should be brought up with and the child spending most of their time with this parent.
Nonetheless, it is paramount for one to comprehend the fact that sole custody does not necessarily mean that the other party cannot have anything to do with the child. The non-custodial parent would still have the right of access to the children unless this was limited by the courts.
Visitation Rights in Sole Custody Arrangements
A visitation schedule, also known as parenting time, is the schedule the non-custodial parent has with the child. Depending on the circumstances of the particular case and especially based on the decision of the court the specifics of the visitation rights may differ.
- Court-Ordered Visitation: The so called sole custody also does not deprive the other parent of rights to visit the kids as the courts may still order visitation rights on the non-custodial parent. This is because the various courts intone the view that it is always in the best interests of a child for him/her to continue staying with both the parents.
- Supervised Visitation: The court may also grant supervised visitation to the non-custodial parent if the court deemed that is it not safe or is not in the best interest of the child to be left alone with the non-custodial parent. This mean that the visits can only be taken once accompanied by a third party who is either of the couple.
- Restricted or No Visitation: In some very rare circumstances where there are clear violations or where children are abused or neglected or there are other such circumstances, the court may limit or cafeteria its decisionor other serious issues, the court may confine or deny visitation rights to the non-custodial parent.
Do You Have to Allow Visitation?
The non-custodial parent enjoys visit rights if they have been granted by the court, therefore the custodial parent must abide by the formulated orders on visitation. Denial of visitation has legal ramifications such as a change in the existing custody orders or punitive action being taken against the parent who is denying the visitation.
However, there are exceptions:
- Immediate Danger: The physical and psychological abuse by the other parent that the custodial parent thinks could endanger the child in the near future may lead to denial of visitation. If such a step is necessary, it is necessary to record the grounds for this decision and try to obtain a court decision as soon as possible.
- Violation of Court Orders: If the occurring factor is the non-custodial parent’s persistent violation of the agreed visitation schedules, the custodial parent may need to go to court to obtain a change or the enforcement of the visitation order.
Importance of Legal Guidance
Thus, the aspects of custody and visitation can prove challenging as well as emotionally charged. This is why the parents require to comprehend their prerogatives and the responsibilities set by the laws. If the parent has issues with the time being spent with the child, they should seek the help of a Family Law attorney to guide them and the child be protected.
Conclusion
If I Have Sole Custody Do I Have To Allow Visitation – This indicates that achieving sole physical custody of a child does not indicate that the other parent will have to be completely out of that child’s life. This is usually granted to ensure the child has a contact with both parents as a result of the separation. The parent who has the child most of the time must heed the orders of the court concerning visitation rights. Professional legal advice is vital on such grounds in as much as you would want to safeguard the best interest of the child and at the same time honor the rights of both parents.
