Batavia Visitation Rights Attorney
Understanding Your Visitation Rights
Divorce is never an easy decision, especially when children are in the picture. Parents often endure an emotional battle about how often the noncustodial party may see the child or children and under what conditions. Even if you are the noncustodial parent, you still have the right to visit and spend quality time with your child unless your visit may put the child in danger. It is important to keep in mind that custodial parents do not have the right to deny the noncustodial parent time with the child or children.
By hiring me, an experienced legal mediator who understands the laws concerning visitation rights, you can better relieve stress and reduce arguments. I have successfully handled cases involving visitation violations and modifications over the past 20 years, and obtain the communication skills, legal competence and valuable insight needed to help you accomplish your needs.
I treat my clients with the respect and attention they deserve. Please call (630) 280-3879 to schedule a time to review your situation with me!
Child Safety Is Number One
Visitation rights are often confusing and difficult for both parties to agree upon. A visitation agreement is granted to the noncustodial parent if it honors the child's best interests and doesn’t pose a danger to the child's mental, moral, emotional or physical health. If there is even a slight chance of this happening, the court may decide to appoint a third-party to supervise during a parent's visitation time in order to ensure the child is safe.
As a visitation rights lawyer, I can assist you in forming a mutual agreement with the other parent that supports your child’s best interests. Many times, parents disagree on what meets the child’s best interests, which is why I take the time to learn about all parties and their personal situations to strategize an appropriate resolution that makes everyone happy.
Factors of Visitation
In Illinois, the noncustodial parent must pay child support to the custodial parent. Failure to do so could result in a fine. The custodial parent must also include the noncustodial parent in major decisions regarding the child because the noncustodial parent has a right to be informed and participate in the decision-making process. If they are excluded from that, they may be able to take legal action.
In some cases, the court may restrict visitation and prohibit overnight visits, or limit visitation to take place only in the custodial parent's home. Thus, it is important to remember that your visitation rights can be limited or revoked under certain circumstances.
Grandparent Visitation Rights
Unlike parents, grandparents do not have a legal right to visitation in the state of Illinois. The only time grandparents can request visitation rights is when both parents decide not to live together on a permanent basis or if one parents dies or has gone missing for at least three months. In these cases, the court will award visitation to grandparents if it is in the best interests of the child.
Establishing a Visitation Agreement
The noncustodial parent typically gets a reasonable visitation schedule that allows them to see the child or children routinely. The schedule also includes the conditions of the visitation, such as the location of the visit, who else may be present, and the extent of time the visit may occur. Another factor an agreement may include is who will have custody when the visitation routine is placed on hold for reasons such as school and religious holidays.
What seems fair to one parent is not always fair to the other. This is why it would be helpful to seek the assistance of me, Michael T. Schulenberg, Attorney at Law, to represent the best interests of the child involved. With 20 years of experience in family law, I can help make sure your child is protected and has a positive environment that helps them endure their parents’ separation.
If you believe that your visitation rights have been compromised or you wish to modify an agreement, do not hesitate to contact me, a Batavia visitation lawyer, online or by calling (630) 280-3879 today!
“He is persistent, energetic, accurate and prudent attorney. But he is also a very kind and helpful person. We are impressd by his splendid work.”- Vyacheslav Y.
“He made it simple and easy so it was taken care of without being dragged out; while he kept my rights just as they were and updated my custody times. Taking care of issues with a level headed professional manner that I was able to depend on.”- Nicholas O.
“Mr Schulenberg was very professional and most importantly, a personable and compassionate individual. I was very satisfied with the results of my divorce and I would highly recommend his services to anyone who is looking for an attorney.”- Ariel A.