Except in extreme circumstances, all parents have the right to visitation with their children if the other parent has sole custody. These visits could last just a few hours or for overnight stays here and there. The expectation is that the visiting parent will abide by all the rules listed in the visitation agreement and will attend any visitation sessions that are arranged. When it comes to child custody, you need to make sure you keep all of your parent time – all of it – don’t miss any or you’ll regret it!
Missing a parental visit will reflect poorly on that parent in the eyes of the court, as will frequent lateness to these visits. These unexpected misses hurt the feelings of the child, who is likely eagerly anticipating the time spent with his or her other parent, and cause unnecessary amounts of stress for the custodial parent.
If missed visits or lateness to visits becomes a problem, the court may take the following steps – increase child support! The court might decide to increase the amount of child support above the suggested guidelines. There are several reasons for this, including to compensate the custodial parent for the inconvenience and occasionally to allow the custodial parent to pay for counseling for the child, who might be stressed due to the missed visits.
Adjusted visitation schedules if a noncustodial parent has trouble meeting visitation responsibilities, he or she may see those privileges decreased in a new, adjusted visitation schedule. Revoke visitation rights this is only in extreme cases, the court may choose to revoke the parent’s right to visitation completely. This is typically only done in cases in which there is some reasonable suspicion of danger to the child or the custodial parent.
This Was An Unusual Custody Battle
One couple found that there were some unusual circumstances surrounding child custody during Utah same-sex divorces. Now one woman is left scrambling to figure out how to have access to her adopted child.
When the couple initially separated, one woman (who we’ll refer to as Jane) began seeking joint custody of their two-year old child. However, recently the District Court judge ruled that Jane did not have legal grounds to seek joint custody, even under the Marriage Equality Act, because she was not the parent of the child.
The judge was forced to acknowledge this inherent inequity in the law, a law that bears the name of equality. He even added that if Jane were a man, she would likely be able to be granted access to the child. However, he could not legally grant Jane joint custody even through the provisions of the current law at the time, a verdict that devastated her.
The ruling has brought this issue with the Marriage Equality Act to light in the state of Utah, as same-sex parents are basically considered strangers to the child in the eyes of the law, even when, in cases such as Jane’s, the person has provided and cared for the child throughout the child’s entire life. It raises some significant questions that the legal community must address — what is the definition of parenthood? Is parenthood restricted to biology? How can the law be appropriately revised to prevent future same-sex couples from undergoing these same struggles? This issue is now resolved with the supreme Court decision.
Child Custody Lawyer Free Consultation
If you have a question about child custody question or if you need help with your custody situation, please call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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