The various issues that arise from divorce can be further complicated when children are involved. While a marriage may not work out between some couples, both parents usually want what is best for their children; however, when it comes to determining visitation rights, each parent may have different ideas about what is best for their children. These disagreements can become points of heated contention, and in the event that couples cannot come to an agreement on the terms of visitation rights, then it may be necessary to seek legal guidance.
At Marshall & Taylor PLLC, our Raleigh visitation rights attorneys work to help parents fight for what they believe is best for their children. Whether you are a parent with sole custody attempting to protect your child from an ex-spouse or you are trying to gain visitation rights, our lawyers are prepared to help you. Contact our office today at (919) 833-1040 to schedule a confidential consultation. We have the resources and knowledge you need for your visitation rights issues.
Do I Need an Attorney?
When it comes to your rights as a parent or the best interests of your child, you need the very best legal representation. Finding a board-certified family law attorney is crucial for ensuring your parental rights are respected. Divorces often involve bitter disputes with emotions running high. Having a clear-headed, seasoned visitation rights attorney can help you make wise decisions during a stressful time. You do not want to face the lengthy and emotional process of changing visitation rights on your own. To avoid missing important deadlines or being overwhelmed by the many requirements involved, enlist the help of a trusted attorney who can help you navigate the system and reach a successful outcome.
Why Choose Us?
The North Carolina family law attorneys at Marshall & Taylor PLLC have been serving clients in and around Raleigh for many years. Our commitment to our clients has earned us a sterling reputation in the community as well as numerous awards. Our attorneys have been listed as “Top Attorneys in North Carolina” by Charlotte Magazine, and they have the distinction of being board-certified in family law.
Our legal team focuses on every issue related to divorces, including domestic violence, property division, child support, and child custody. We know that divorces are among the most stressful experiences to go through and we do all that we can to make the ordeal more manageable for our clients. Do not go through the pain and challenges of a divorce on your own.
Benefits of Visitation Rights
The court treats visitation rights with considerable deference because visitation has such a significant effect on the parent-child relationship. Though each situation varies, judges typically grant visitation rights to spouses for the following reasons:
- To maintain healthy child-parent relationships
- To allow parents to maintain healthy lines of communication
- To provide some relaxation time for single parents
Reasons for No Visitation Rights
Courts have to balance the rights of parents with the rights of children in visitation-related issues. Ideally, the rights of both are in alignment. In some cases, however, it simply is not in the best interest of the child for some parents to be granted visitation rights. Some parents are denied visitation rights when:
- The parent poses immediate danger to the child (alcohol or drug abuse)
- The child does not want to visit with the other parent
- There is a history of domestic violence
- The parent resides in an unsafe neighborhood
Regardless of whether you are attempting to gain visitation rights or protect your child from a dangerous situation, our lawyers are committed to helping you fight for what you believe is in the best interest of your child.
Frequently Asked Questions
If you are dealing with visitation rights problems, you are likely also dealing with considerable stresses ranging from financial to emotional concerns. Divorces are among the most challenging times in someone’s life, and visitation rights are some of the most hotly contested issues to face in a divorce. At Marshall & Taylor PLLC, we want to ease some of the many burdens you are dealing with and have included answers to the following questions that many clients have asked us over the years about visitation rights:
What Should I Do First to Change Visitation Rights?
In North Carolina, the courts require parties wishing to change visitation rights to file a complaint with the court and the opposing party. The next step is mediation outside of court to see if the issues can be resolved without going to trial. If mandatory mediation does not satisfy the parties involved, they may take the case to trial where the court will hear evidence from both sides about what is in the best interests of the children involved. Sometimes courts will appoint mental health evaluators or social workers to perform home visits in conjunction with a Guardian ad Litem to get a better sense of what the needs of the children are.
How Long Does It Take to Change Visitation Rights?
As with many family law issues, the process to change visitation rights takes a lot of time because there are so many parties and factors involved. The court has to weigh the rights of each parent along with the best interests of the child or children. Other factors that can delay the process include when one parent is incarcerated, when scheduling mental health evaluations and home visits is difficult, or when the Department of Children and Family Services (DCFS) employees have too many cases and too few resources. Courts may speed up the process, however, if a child is in imminent danger or other extenuating circumstances necessitate immediate action.
Who are the Decision Makers in Visitation Rights?
Though visitation directly impacts children, they do not get to decide visitation schedules. Courts may consider the desires of children, but they do not ultimately determine what the visitation schedule should be. In some instances, the court will appoint a Guardian ad Litem to represent the child’s best interests.
Consult a Visitation Rights Lawyer in Raleigh
Parents in Raleigh who are seeking visitation rights from a court are likely to face a difficult process involving paperwork, home visits, and court hearings. An experienced Raleigh visitation rights lawyer can help divorcing parents through the legal process. Call our offices today at (919) 833-1040 to speak with one of our attorneys today or click here to learn more about child custody law.