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Your basic visitation rights as a non-custodial parent

On Behalf of | Aug 11, 2018 | Child Custody

When you are a biological parent of a child, you may or may not have legal custody of that child. Dealing with custody issues as a parent can be a very difficult and stressful thing to go through. Sometimes, custody battles can go on for years.

If you are struggling to get custody of your child, it is important that you understand how the law works in the state of Virginia so that you are well-equipped to take action when necessary.

Child custody decisions are always sought to be made with the well-being and safety of the child in mind. Most of the time, child custody courts and judges sway toward a 50/50 percent custody for each biological parent. In this set up, the child has the opportunity to bond equally with each parent during his or her childhood. However, for many reasons, a 50/50 custody split does not always happen.

Why was I placed on a fixed visitation schedule as a biological parent?

When a custody battle has included a significant amount of conflict between parents, the courts will try to intervene for the sake of the child. It is likely that the courts will create a fixed visitation schedule to ensure that the child will be able to see the non-custodial parent in a structured manner. This is not a punishment for the parent, but a way to introduce order and predictability for the child.

How does a history of physical abuse affect child custody and visitation rights?

If you have reason to believe that the other parent has been physically abusive, you have the right to point this out in court. It is likely that an investigation will be made to assess whether there is a risk of danger for the child. If you have been abusive in the past and are filing for custody, it is likely that it will affect your attempt to gain custody.

If you are a parent in the state of Virginia and you are struggling to get adequate custody of your child, it is important to take action and to understand your rights.

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Attorney Harvey S Lutins