West Chester Family Lawyer
Visitation is the right to have contact with a child and visit routinely. Typically after divorce, one parent has physical custody and the other parent has partial custody and visitation rights. The West Chester family lawyers at Morton Family Law, LLC help divorcing couples work out visitation agreements and enforcement of visitation rights post divorce.
Fixed visitation schedules
A fixed visitation schedule can help combative couples avoid continuing conflicts and create less stress for their children. Pennsylvania courts take into consideration a child’s wishes and what is in the child’s best interests (such as amicable relationships between parents). A fixed schedule establishes the place and times for visitation and generally is ordered by the court. For example, alternating certain holidays, every other weekend, or specified evenings may be designated for visitation.
Fathers’ rights
When unmarried co-habiting couples with a child end their relationship, the father may need to establish paternity to have visitation rights. In the past, Pennsylvania favored mothers in granting custody. However, today, the parent maintaining primary care of the child generally is granted physical custody and the other parent has partial custody and visitation rights. This pertains to situations where the wife works and the husband is at home with the children.
Grandparents’ rights to visitation
Troxel v. Granville was a grandparents’ rights case heard by the U.S. Supreme Court that granted fit parents the right to control the upbringing of their children, including determining the frequency and times that grandparents can visit. However, based on the Uniform Child Custody Jurisdiction Act (UCCJA), if one state grants grandparents visitation, then other states must also abide by that decision.
When children live with a grandparent for over a year or one parent dies, the grandparent may have visitation rights, obtain partial custody, or complete custody. However, there must be no custody conflict with a parent.
Modification of visitation schedules
Conditions change and one parent may want to move out of state or take an out-of-town job. Such changes often require modifying visitation schedules. Our Chester County divorce attorneys frequently represent clients in modification requests. When a parent does not abide by an existing visitation schedule, we can also file for enforcement actions.
Discuss visitation rights with a West Chester Family Lawyer
For more information on visitation rights in Chester County, call us at 610-692-3999, toll free at 888-498-5602 or email Morton Family Law, LLC in West Chester, Pennsylvania.