Protect Your Visitation Rights With An Attorney’s Help
Visitation is a critical part of any divorce proceeding where children are involved. Although the parents may currently be amicable and willing to share time with the child, it is important to formalize a schedule to protect the rights of the noncustodial parent should the dynamic change between the couple. Studies show that creating this structure is in the best interest of the child, protecting a sense of normalcy and preserving the relationship that he or she has with both parents.
Parenting Time In Franklin County And Ohio
In Ohio, the legal term for visitation is “parenting time.” For couples who can agree on parenting time, our office will work to develop a parenting time agreement that is best for children and parents. At Robert L. Caplan Attorney at Law, Mr. Caplan can be creative and flexible, and tailor an agreement that reflects the schedules of the children and their activities around the unique flow of your family’s circumstances.
If an agreement cannot be reached between the parents, the court will decide. The court will impose the solution that it believes to be in the best interest of the children and the couple will have little to no control over the outcome or how arrangements will work.
Generally, the court will order a standard visitation agreement, which will allow the noncustodial parent time every other weekend, half the summer and half the holidays. While this works for many families, it is important to evaluate if this will work on a long-term basis as the child grows. If you foresee issues that might affect this schedule in the future, it is best to work with an attorney to create a customized schedule that will best serve the child, and preserve the relationship with the child and both parents. You can also seek or contest a modification of the custody orders.
Should disagreements arise during these negotiations, Mr. Caplan is committed to protecting your parenting time and relationship with the child. Through skill and experience, as your visitation rights lawyer, he can often deliver creative solutions to help make sure the parenting time schedule is in your children’s best interests.
Supervised Visitation In Ohio
When a court has serious concerns about a child’s safety with one parent, it may order supervised visitation. Supervision is not a punishment but a temporary measure to protect the child while allowing the parent-child relationship to continue. It may be deemed necessary in out of the ordinary circumstances, including:
- A history of substance abuse (drug or alcohol use).
- A history of domestic violence, abuse or child neglect.
- Recent criminal activity or severe mental health issues.
- A risk of child abduction or estrangement where the parent and child need time to reestablish a bond.
This court-ordered arrangement requires a neutral, approved third party, such as a professional supervisor, social worker or trusted family member, to be present for the entire duration of the visit. The supervisor’s role is to observe and ensure the child remains safe.
Family Members’ And Grandparents’ Rights
Grandparents often need help maintaining their relationship with their grandchild after a divorce, relocation or parental conflict. Ohio courts may award grandparent visitation when it serves the child’s best interests to maintain the grandparent-child bond. Grounds for requesting grandparental visitation:
- During or after a divorce, dissolution, legal separation or annulment
- When a parent of the child is deceased
- When the child is born to an unmarried mother (paternal grandparents can petition if paternity is established)
Siblings (including half and stepsiblings), aunts or uncles may also seek visitation (or time with the child) under the guise of companionship rights. The court may grant this to any person related to the child by blood or marriage if they file a motion, demonstrate an interest in the child’s welfare and the court finds that visitation is in the child’s best interest. Mr. Caplan helps relatives assess options, gather evidence, file petitions and advocate for parenting time arrangements tailored to the child’s needs and well-being.
Don’t Wait To Secure Your Parenting Time
To learn more about how Mr. Caplan can assist you in creating an effective visitation schedule that best serves your child and protects your parenting time, please contact the Columbus law office of Robert L. Caplan Attorney at Law at 614-252-2026.