See also In re T.R.T., 225 NC App 567 (2013)(limiting mother to visitation only by Skype was a denial of visitation). goal of reaching a mutually acceptable agreement without having to go to trial. During the process of determining custody, you as parents or a judge will develop a parenting plan that will outline when you can have time with your child. The counselor will listen and watch for any Nothing on this site should be taken as legal advice for any individual case or situation. A court of law will generally grant non-custodial parents generous visitation rights when a parent is not awarded primary child custody. For example, if you suspect abuse or neglect, then you should make a report with the child protection agency in your area. event that a problem arises, the visit will be ended. In a divorce where one parent is awarded physical At Galmiche Law Firm, P.C., our child custody attorney has more than three decades of experience in assisting clients through a variety of child custody matters. Despite this abuse, he/she still got visitation rights. N.C.G.S. If you attempt to limit the visitation rights of your child's grandparents, they may just end up taking you to court to enforce their rights. Those two conflicting opinions are Moore v. Moore, 160 NC App 569 (2003)(because a complete denial of visitation is ‘tantamount to a termination of parental rights’, the trial court must apply the constitutional analysis set forth in Petersen and Price before reaching a decision about a child’s best interest) and Respess v. Respess, 232 NC App 611 (2014)(the constitutional analysis set forth in Petersen and subsequently clarified by Price v. Howard, 346 NC 68 (1997), applies in cases between a parent and a non-parent and has no application in custody cases between two parents). A parent’s right of access to his or her child will ordinarily be decreed unless the parent has forfeited the privilege by his conduct or unless the exercise of the privilege would injuriously affect the welfare of the child, for it is only in exceptional cases that this right should be denied. When a custodial parent refuses to allow the non-custodial parent his or her court-ordered visitation rights, it may serve as grounds for a modification of custody. When schedule flexible, workable, and feasible. [citations omitted] Thus, contrary to the majority view and consistent with the dissenting view in the lower appellate court, in a dispute between two parents if the trial court determines that visitation with one parent is not in a child’s best interests, then the trial court is authorized to deny visitation to said parent without a requirement to find the existence of the alternative circumstance that the parent in question is unfit.”. Courts are more inclined to place parents on fixed visitation schedules when it appears clear that there is still conflict between the parents or when the parents are not willing to cooperate with each other. restricted if the court finds that it would be contrary to the child’s best In the How a Parent Can Stop Receiving Child Support Payments. The information on this website is for general information purposes only. No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. admin@nationalfamilysolutions.com. heterosexual relationships. § 50-13.5(i) (2019) (emphasis added).”. Plan to spend your visitation time interacting with them and enjoying not only quality time but also the quantity of time you are given. This could happen because there is a history of domestic violence, because there is a mental health issue that has not been resolved, or for other reasons. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Weekends or alternate weekends 2. Maintaining a close relationship with your child when you don’t have custody can be challenging in some circumstances, but a non-custodial parent finds the effort worth it. both parents and the child are bound to abide by. There might be things you can do, like going to anger management classes or going to a mental health or rehabilitation facility, that will allow you to gain back supervised or even unsupervised visitation. Courts are more inclined to place parents on fixed visitation schedules when it appears clear that there is still conflict between the parents or when the parents are not willing to cooperate with each other. If your co-parent is refusing you your right to scheduled visitations with your children, it is important to do what you can to document these incidents, include dates, times, and what was said. When to Take Steps to Change Your Custody Arrangement, Everything Dads Need to Know About Child Support, Child Support as the Financial Responsibility of Your Children. Unfortunately, mediation does not always work and you may end up in court fighting for visitation rights. In many jurisdictions, the courts will issue a formal visitation schedule which includes a detailed account of the non-custodial parent's visitation rights. The parent is allowed to Child visitation can take a variety of who does not have physical custody, Exchange of a few days of visitation on