how to talk to a lawyer about getting visitation for kids

Work with your lawyer to determine what documents to bring to your child-custody hearing and whether your own personal records will be admissible. 2 They may suggest that you bring a detailed phone log, annotated visitation schedule, proof of child-support payments, and other notes. 4 Learn Proper Courtroom Etiquette Romilly Lockyer / Getty Images

Full Answer

Do I need a lawyer for child visitation?

Only a child visitation attorney specifically trained and experienced in family law can help guide you through the complex system that lies ahead. Having a proven advocate that has fought for, and won, numerous cases similar to yours is necessary to secure your visitation rights with your child.

How do I solve my child visitation issues?

Whether a joint or sole custody agreement has been made, both parents must be present for the big decisions in the child’s life, a and a good visitation attorney will lay out the differences in a Parenting Agreement and Custody Order that the court will enter. This can help solve your child visitation issues.

What should I do if I am denied visitation rights?

If you are denied visitation by the court, ask about the possibility of working toward the restoration of those rights over time. While regular, unrestricted visitation may be preferable, there are some alternatives for parents who have been denied visitation. These include:

Can a judge take past issues into consideration when determining visitation?

However, if there are past issues such as abuse or domestic violence, the judge will most certainly take these into consideration, and may require supervised visitation, and in rare cases, no visitation. 2) What Are Child Visitation Agreements and What Do They Contain?

Child Visitation Issues Can Be Solved

Child visitation is a highly contested issue, and one that requires much thought. Expert family law attorneys are here to help guide you through th...

How Does Joint Custody vs. Sole Custody Determine My Visitation Rights?

For the most part, courts have relaxed the meaning of joint custody vs. sole custody over the recent years. The main difference is that with sole c...

How Do I Start Fighting For My Visitation Rights?

Simple—fill out the form on this page to get started with a no obligation consultation. Only a child visitation attorney specifically trained and e...

Child Custody Litigation Preparation

Child custody cases can be some of the most difficult and emotionally-ridden family law cases. By preparing well before the child custody hearing, a party is more likely to be prepared for the possible outcome and more likely to prevail than if he or she is completely unprepared.

How Can A Lawyer Help Me Get Child Custody?

Getting custody is difficult for some spouses over others because of a lack of funding, not having a job or having additional responsibilities that could take away time from raising children. With the assistance of a lawyer, obtaining and keeping child custody is less difficult than attempting to accomplish this goal without a legal professional.

What are the Questions I Need to Ask My Lawyer in a Child Custody Case?

Child custody cases can be some of the most contentious. They can also be complex, and the way that they are decided varies from each state and region. To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case.

How Effective Is Mediation in Child Custody Disputes?

Disputes over child custody can be among the most heated. After all, the stakes are incredibly high when the issue of being able to see your own children is on the line.

The Dos and Don'ts of a CPS Visit

CPS or Child Protective Services is a government agency in the United States of America that mainly deals with cases of child abuse and neglect.

My Ex is Fighting for Custody of the Kids, what Do I Do?

Children are often the unfortunate pawns of battles between exes. Sometimes motivated by desires to hurt the other parent or out of a selfish desire to be the sole or primary influence on the child's life, these battles can be emotionally challenging for both parents and children alike.

What can an attorney do to help you with visitation?

To assist you, an attorney can: Advise you on visitation rights; Negotiate a visitation schedule; Help you mediate the matter; Represent you in family court; Prevent interference with your visitation rights; Protect unmarried fathers' rights to visitation; and. Help grandparents seek visitation in some situations.

What is a family law attorney?

Family law attorneys are extensively trained in handling child custody and visitation disputes. Many attorneys who choose this field of law consider it meaningful to assist clients at one of the most difficult and demanding times in their lives.

What is the law on child custody?

Few areas of law impact people's lives more than child custody and visitation. If you have children, they're probably the most important thing to you in the world. Now that you and your partner are splitting up, you'll have to resolve where they will live and who gets to make important decisions about their education, health and other matters. If disputes arise, there will need to be a process to settle them.

What is the job of an attorney?

An attorney's job is to advise you and fight for your interests, matching wits with opposing counsel and defending your rights. If you would like legal help with your custody or visitation case, consider meeting with a family law attorney near you.

What is child visitation?

What Are Child Visitation Rights? Visitation rights are afforded to the non-custodial parent in a situation involving divorce and child custody. The terms of visitation are laid out in what is called a “Child Visitation Agreement” or “Child Visitation Schedule.”.

Why do courts order supervised visitation?

Supervised visitation – The court may order supervised visitation for a variety of reasons including: reintroduction of parent and child, parenting concerns or mental illness, a history of abuse, substance abuse or neglect, and if there is a threat of kidnapping.

What are the different types of visitation?

Typically, child visitation arrangements can be broken down into one of two types: 1 Unsupervised visitation – The most common visitation, that allows the non-custodial parent spend his or her scheduled time with the child without being supervised by a neutral third party. 2 Supervised visitation – The court may order supervised visitation for a variety of reasons including: reintroduction of parent and child, parenting concerns or mental illness, a history of abuse, substance abuse or neglect, and if there is a threat of kidnapping.

What happens if one party violates the visitation schedule?

If one party violates the visitation schedule, serious consequences may come into play, especially if it continues. A parent may lose visitation rights, be in contempt of court, or face criminal charges.

What documents are included in a child custody agreement?

Also include the following: Any court orders or documents, such as divorce, paternity, and child custody award. Documents concerning the child, e.g., letters, evaluations, or reports. The child’s daily and school schedules.

Can you have a visitation schedule with sole custody?

State laws vary , though it is not uncommon for the parent with sole custody to create the visitation schedule. He or she will then submit it to the court, and if the judge approves, it will be a court order. If both parents can cooperate with one another, they may reach an agreement together without court approval.

Can you get an agreement with your parents without court approval?

If both parents can cooperate with one another, they may reach an agreement together without court approval. Since circumstances can change, it is recommended to submit the agreement to a judge, which would make it legally enforceable in case something goes wrong.

Establish Paternity If Necessary

If you are or were not married to your child’s mother, you might need to establish that you are, in fact, the father. Many times, this is done by the mother simply certifying that you are the dad. She can put your name on the birth certificate or, if that wasn’t done, she can prepare a paternity statement.

Develop a Parenting Plan

If you and your ex are amicable, you might be able to develop your own parenting plan. The parenting plan spells out who has custody, who makes decisions for the child, and when visitation with the non-custodial parent takes place.

Petition the Court

In some cases, particularly if mediation has failed to produce a satisfactory parenting plan, going to court might be necessary to secure child visitation rights. First, you’ll need to look into what type of visitation or custody agreement would apply to your case.

Hire a Guardian Ad Litem

In some cases, a judge will require you and your child’s other parent to be evaluated by an outside expert. This person is called a guardian ad litem, or GAL. He or she will talk to both parents, as well as daycare providers, friends, and others to find out what is in the best interest of the child in terms of custody and visitation.

Follow Your Child Visitation Rights Agreement

Once a parenting agreement has been put into place, it’s important that you follow it to the letter if at all possible. If you violate the terms of visitation, you could be held in contempt of court. This means that your ex could take you back to court to tell the judge that you’re not upholding your end of the bargain.

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Gathering Documents to Show to a Child Custody Attorney

The child custody attorneys will find it helpful if you bring several documents with you, such as:

Questions to Ask

It's helpful to collect your thoughts before you head out to your first initial consultation with a child custody attorney. Write them down on paper and bring them with you. You don't want to forget to ask something. Also bring some writing material so that you can jot down the answers.

Your Ideal Child Custody Lawyer

It is a worthwhile practice to consider what qualities your ideal child custody lawyer would have. That way, you'll recognize the right one when you meet. Here are some qualities to consider:

What do you need to know about child custody?

Child custody laws vary from state to state, 1  so one of the first things you need to do is become familiar with the laws in the state where your custody hearing will be held. Reading the fine print can be tedious, but it will help you to find out for yourself what you're up against before attending the hearing.

How to win custody of a child?

Parents who hope to win child custody must behave appropriately in court or risk losing custody. 2  Discuss proper courtroom etiquette with your lawyer to get a better understanding of what's expected, as well as any pitfalls—like emotional outbursts or accusatory statements—you need to avoid or be on the lookout for. If possible, do some roleplaying with your lawyer in advance.

How to prove one parent is better than the other?

Essentially, the judge has to be convinced that one parent is better than the other, which can be difficult to prove. 1 . To best prepare for your child-custody hearing, be sure to find out what courts in your state are looking for and consult with your lawyer about how to show yourself to be the best caregiver for your children. 3.

How many chances do you have to make a good first impression on a judge?

You only get one chance to make a good first impression on the judge. Before they hear your case or even know your child's name, they will form an opinion of you based on your appearance. So talk to your lawyer about what to wear to ensure you present yourself in the very best light.

When is the first child custody hearing?

on May 19, 2020. Going to your first child-custody hearing can be scary, especially for parents who are unfamiliar with the process. However, with just a little advanced planning, you can present a convincing case and win child custody. In addition to working closely with your child-custody lawyer, use the following tips to prepare ...

Can a child custody case be heard before a jury?

One detail that many people don't know is that child-custody cases are not heard before a jury; that's reserved for criminal or civil cases. Your case will be presented in front of the judge, and he or she will likely make an immediate decision and issue a child-custody order.

Why are parents denied visitation rights?

Some of the reasons why a parent's visitation rights may be denied by the courts include: Because the court finds evidence of domestic violence that was directed toward the child, the child's parent, or a sibling 2 .

What happens if you are denied visitation?

The parent's parental rights have been terminated. Parents who have been denied visitation may have the opportunity to later have their visitation rights restored. In some cases, the court will spell out an action plan that includes taking parenting classes or other steps toward restoration. If you are denied visitation by the court, ask about ...

What is a visitation schedule?

In many jurisdictions, the courts will issue a formal visitation schedule which includes a detailed account of the non-custodial parent's visitation rights. Also called a parenting time schedule, the visitation schedule may grant you visitation rights on: 1 . Weekends or alternate weekends.

What to do if you lost custody of your child?

Therefore, if you recently lost a bid for custody in court, you should exercise your visitation rights and maintain a close relationship with your child.

What is supervised visitation?

Supervised Visitation Rights: The court may order supervised visitation rights, which includes court-ordered contact between a parent and a child that is supervised by another person. The court will generally order supervised visitation rights in situations where the courts believe the parent could pose a physical danger to the child.

Why are parents denied custody of their children?

Reasons Parents Are Denied Child Custody. The court's primary concern is your child's safety and well-being. Yet, being denied custody doesn't necessarily mean that the judge determined that your home is unsuitable. In many cases, the courts favor granting physical custody to the parent who has been the child's primary caregiver up to that point, ...

Can a judge decide on a visitation schedule for an ex?

However, if you and your ex do not have a good working relationship or are unable to reach an agreement, the judge may step in and determine an appropriate visitation schedule for you.