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What are the visitation rights of a non-custodial parent?

No one would describe divorce as being an easy process. It often requires spouses to make very difficult and emotional decisions. When children are involved, parents are frequently faced with the most challenging choices of their life. It is never easy thinking about seeing a child less than full time, which is why some parents seek to obtain sole custody of their children.

In a sole custody matter, what are the visitation rights of the other parent? If a judge has determined that an ex-spouse is entitled to reasonable visitation rights, this typically means that it is up to the parents to come up with the terms of the visitation plan. But when parents are not cooperating, often because of a high conflict divorce, it can be challenging to reach an agreement.

It should be noted that when one parent has custodial rights, this means they have more power and influence over what is considered to be a reasonable visitation plan. This also means that they have no legal duty to agree to any plan proposed by the other parent. But if it is determined that a custodial parent is being inflexible to be malicious toward an ex, a judge might take this into consideration when working though this family law matter.

On the other hand, a fixed visitation plan could be reached. This looks like a plan that provides for the same times each week or month. These plans provide for a form of stability but they may not offer much flexibility, especially when parents do not live close to one another.

Finally, visitation rights could be revoked. This occurs when there are events of abuse or other forms of harm, such a substance abuse issues. If it is determined that it is not safe for a child to visit with the non-custodial parent, that parent may not have any rights to obtain a visitation plan.

No matter what type of visitation plan you are seeking, it is important to understand what types of plans are available in your situation. If you are concerned about giving visitation rights to your ex, it is also vital to be aware of your rights to prevent visitations from occurring.

Source: FindLaw.com, "Parental Visitation Rights FAQ," accessed Dec. 23, 2017

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