How Does Visitation Work?

Going through a divorce is tough. You and your spouse were happy at one point and decided to have a family. Unfortunately, that is not the case anymore. Even though you two no longer want to be together, it’s important that your child(ren) get to see both parents. In some cases, grandparents are involved. This can get very emotional and complex. The state of Utah uses child support guidelines in determining child support. Even though you may not have been granted custody of your child(ren), as a non-custodial parent you still get visitation rights. It’s essential to know the different types of visitation you may award. You should also know how the courts in Utah handle grandparent’s visitation rights.

Reasonable Visitation

When the court awards reasonable visitation, this means that you and your ex-spouse must come up with a visitation plan on your own. This is generally used when the parents can still communicate and cooperate together. However, the custodial parent doesn’t have to agree to the schedule. They have the most influence on the duration of the visit and when the non-custodial parent can visit. The parent can’t just be malicious and try to prevent their ex-spouse from seeing their children. You can go back to court and ask for different arrangements if this is the case or you two cannot come up with an agreement.

Fixed Visitation

In this scenario, the judge orders the times and sometimes the places for the non-custodial parent’s visitation. This is the option often taken when parents cannot cooperate and communicate enough to create their own schedule. This option could also be taken because it could provide more stability for the children. An example of this agreement would be that the non-custodial parent only gets the child(ren) every other weekend.

Grandparents Visitation Rights

Oftentimes grandparents are a big part of the child(ren)’s life. Each state has its own laws governing grandparent’s visitation rights. In order for a grandparent to get visitation rights, they’ll need to prove the benefits the child receives from them. This could be emotional support or even child care assistance. All decisions have to be done in the grandchild(ren)’s best interests. A judge will look at several different elements when deciding if grandparent visitation is necessary. One case may be that the grandchild’s parent is unfit to care for the child. Another case is if the grandparent has a substantial relationship with the grandchild and losing that relationship would harm the child.

Divorce is not easy. With your kids involved, it can be even tougher. You are always going to have that connection with your ex-spouse. You will always have to deal with them. Courts may not really have the best interest of your children through your eyes. They may not award you the visitation rights you deserve. You need someone who will actually listen to your needs and concerns. You need someone who has experience. divorce attorneyEmy A. Cordano has over 20 years of experience in family law. She’s handled a variety of different situations. Make an appointment for a legal consultation through this contact form or call for a case review at (801) 901-8159.

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