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How are visitation rights determined?

Considering the fact that a divorce in and of itself is the result of an unsustainable relationship, it comes as no surprise that many divorces are not clean or easily processed. If a couple were able to work through the challenges and decisions of life, they may not be in the divorce in the first place.

While a divorce means that a couple is no longer willing or able to live their lives together, if there are children from the marriage, some relationship will remain to assure that the children are able to spend time with both their parents.

If a couple is unable to come up with a satisfactory decision regarding child custody, the courts will decide. They will take all factors into consideration, and will make a decision based on the best interests of the children. It is important in all families that both parents play a role in the upbringing of their children. Therefore, in a vast majority of cases, the non-custodial parent is granted visitation rights. Ideally, the courts would like both parties to agree and work together to establish a visitation plan, but if this is not possible, the courts will again look at the situation and make their own decision, which both parties must adhere to.

If you are involved in a child custody battle, regardless of which side of the decision you will be on, it is important to understand how visitation rights are determined. In order to have a full understanding and to maximize the potential of achieving a favorable outcome, it may be in your best interest to enter the courts with a seasoned and experienced legal professional familiar with family law. It may make all the difference in protecting your rights and fighting for your future.

Source:, "Visitation Rights FAQ," Accessed June 12, 2017

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