Raleigh Attorneys for Visitation in Uncontested Divorce
Uncontested divorces offer many benefits over contested divorces. They tend to be less time-consuming and less expensive. They can also improve the chances of the former spouses continuing to communicate with each other amicably. Yet uncontested divorces are still divorces, and dealing with some challenges is inescapable. When the two partners share children, those challenges can become particularly significant.
Determining how to address visitation rights can heighten emotions and create conflict even when spouses seek to end their marriage cooperatively. The Raleigh uncontested divorce attorneys of Marshall & Taylor PLLC are committed to helping you establish a child visitation arrangement that honors your rights and wishes. Call us today at (919) 833-1040 or contact us online to learn more about how we can help you.
What Is Visitation?
North Carolina law protects a parent’s right to be involved in their children’s lives. Unless the parent presents a danger to the children, the state views visitation rights as fundamental to a child’s best interests. In situations where one parent receives primary physical custody of the children, North Carolina courts entitle the other parent to a certain amount of visitation to ensure that they can remain active in the parenting process.
Many parents find that they can reach more reasonable visitation agreements through out-of-court talks with each other than by allowing a judge to make these decisions for them. That way, the parties can compromise to achieve the results most important to each parent rather than give all the authority to a person who won’t necessarily take their wishes into consideration.
Child Visitation Arrangements in North Carolina
Many parents do not realize that they’re not on the same page about visitation arrangements until problems start to arise. Whether a divorce is contested or uncontested, parents must address the following factors in advance:
- The specific days and times the children will spend with each parent every week or month
- Holidays or special occasions the child will spend with each parent
- Transportation arrangements, meeting places, and visitation exchange times
- A means of communication and a schedule by which the parents will exchange important information about the children
- The types of information each parent must share with the other
A lack of clarity on any of these points can quickly lead to contention between former spouses and add unnecessary stress to the children’s lives. Addressing these issues in advance can spare everyone a great deal of confusion.
Many children and parents have regular access to video conferencing apps, such as FaceTime and Skype, so you might wonder whether contact through these platforms counts as visitation. Video calls can serve as a convenient means of allowing a non-custodial parent to play a role in their child’s life, particularly when they live a significant distance away from each other.
However, addressing the frequency, amount, and scheduling of virtual visitation is just as important as working out the specifics of physical visitation. Both parents in an uncontested divorce must consider how these factors will work best for the children.
When You Need Legal Help with Visitation Rights
Spouses who go through an uncontested divorce may hope that the arrangements they agree to will be able to provide the clarity and boundaries they need for years to come. However, shifting circumstances may make one or both parents may realize that they need extra help with their visitation agreement. For example, if your former spouse ceases to comply with the arrangement or their behavior makes them a danger to your child, you may need legal assistance.
Yet even in situations that might not be as extreme, working with an experienced family law attorney can give you the peace of mind you need to move forward confidently.
If you need to go to court to resolve any visitation disputes, the judge will assess the following factors to determine the type of arrangement that will best suit your family:
- Which parent has served as the child’s primary caregiver thus far
- The wishes of the child, if they are old and mature enough to express them
- What type of schedule will cause the least disruption to the child’s routine
- Any evidence or history of domestic violence in the family
- The family’s standard of living
- The neighborhood where each parent lives
- Location of schools or educational facilities
- The ability of each parent to provide a stable home environment
- Each partner’s hours of parenting availability
- Any medical needs the child may have
The seasoned lawyers at Marshall & Taylor PLLC will help you understand how to approach your visitation agreements in advance of any court hearing. We will fight to protect your parental rights and the best interests of your child.
Some situations may require parents to modify a visitation order. This often occurs when a child grows older and wishes to change households or simply spend more time with one of the parents. If you have a court-ordered visitation arrangement, you must seek approval from the court before changing it. Otherwise, you may face legal problems. A Raleigh family lawyer can help you take steps to ensure that your new arrangement is legally sound.
Even if you do not have a court-ordered visitation arrangement, you should put any modifications to your agreement in writing to avoid any confusion or contention. An experienced child visitation attorney can help you draft clear modifications to your agreement.
Contact a Family Law Attorney in Raleigh
Divorces can often create more emotional and practical difficulties for children than for anyone else involved. Ensuring that they maintain meaningful and ongoing connections with both parents after your uncontested divorce may be the greatest gift you can give them at this time. Yet it can sometimes be hard to know how to achieve this goal amidst all the other stress surrounding divorce proceedings.
The experienced family law attorneys of Marshall & Taylor PLLC understand the challenges you are facing. We are committed to protecting the rights of parents and children across North Carolina and are ready to do the same for you. Call us today at (919) 833-1040 or contact us online for a confidential consultation to learn more about how we can help you.