In many cases, a divorce brings out the bitterness in people than anyone can ever imagine. In most divorce cases, the court awards one parent with custodial rights of the children while the other parent is given only rights for visitation. Out of valid reason extreme bitterness, one parent may even push to cancel visitation rights of the other parent, causing a massive amount of frustration of the other person involved.
If you’ve been on the receiving end of parental rights cancellation, knowing how to determine your rights can be of great help. After all, the child doesn’t only belong to your ex but also you.
If the parents in question are married, a parent who wants time for visitation can file one of the following complaints in probate and family Court:
- Complaint for divorce
- Complaint for custody
- Complaint for separate support
If the parents in question are not married, a parent who wants visitation or parenting time can file one of the following in probate and family Court:
- Complaint to establish paternity
- Complaint for support, custody, parenting time
If a parent wants to get visitation rights quickly, he or she can file with the above complaints, a Motion for Temporary Order. The court can also order visitation under 209A protective order, given the person asking for the order agrees with visitation. A district court does not have the power to order visitation but sometimes asked the parties if they would like to set it up.
What can the court do if there’s been abuse?
If the court decides that there is serious abuse or incident involving the issue and still decides to order visitation rights to the abusive parent, then the court must provide means to ensure safety and well-being of the child in question as well as the safety of the parent who’s been abused.
The court may consider the following actions if it orders visitation to an abusive parent:
- Supervised visitation
- Drop-off and pickup facility
- Ordering the abusive parent to undergo batterer’s treatment program as a condition of visitation
- Ordering the parent to not be intoxicated from alcohol or other controlled substances before or during visitation
- Prohibiting visits overnight
- Ordering the abusive parent to pay up for the costs involved in supervised visitation
There are much more things that the court may ask an abusive parent to do to ensure the safety of both the abused in the abuser parties. Family law is a complicated issue, and it’s best that you take the help of a qualified attorney to guide you through the processes. You can learn how to get in touch with a professional.
What happens if my parental visitation rights are denied?
Even though this does not happen if you have no history of abuse or have given the judge any evidence to believe that you may be harmful to the child, being denied of parental visitation rights can cause you a lot of distress. You will need the help of a reputable attorney to look for possible ways to appeal and overcome the judgment.