When a child is involved in a divorce or annulment proceeding and a joint custody is not issued to the parents, the judge issues a decree in which he clearly defines the non-custodial parent’s visitation terms and guidelines. The court may even refuse the non-custodial parent access to the child, if it is proven that it is not in the best interest of the child to spend time or be exposed to the non-custodial parent.
FACTORS TAKEN INTO CONSIDERATION WHEN DEFINING VISITATION RIGHTS
The Supreme Court of Ohio shall consider the following issues, when deciding upon visitation permission, schedules, and all other matters relating to the visitation rights.
- Precedent history of relationship and interaction between the child and non-custodial parent or relative, as well as each individual’s own history of interaction with friends and family.
- Physical address of the habitation of the custodial and non-custodial parent and the distance that lies in between the two.
- Child’s age
- Safety and health issues pertaining to the child
- Psychological and physical well-being of all parties concerned.
- Timings of availability of both parents, including work schedules, child’s activity and school schedules, and holiday plans.
- Each parents’ keenness to collaborate with and compensate for the other parent’s rights
- Records of criminal violation or child abuse and neglect of the non-custodial parent.
FREQUENTLY ASKED QUESTIONS
1. What if I don’t want to implement my visitation rights?
As per Ohio Parenting Time Guidelines, there is no obligation upon a non-custodial parent to exercise visitation rights.
2. Can I deny the non-custodial parent’s visitation rights if he or she is not depositing child support payments?
Child visitation rights cannot be denied on these legal grounds. The non-custodial parent may charge the custodial parent as guilty in court if such action is taken.
3. In what way can I impose my visitation rights if the custodial parent is denying me visitation?
Denial of visitation gives the non-custodial parent sufficient legal ground to charge the opposing parent in contempt of court. This may result in court fees, legal representative fees, jail penalties and orders to compensate for lost visitation time for the custodial parent.
4. Can the visitation terms be changed?
Yes, the terms of the original visitation order may be updated, if it is brought to the attention of the court that te circumstances and factors defining the visitation rights have changed and proven with evidence. All amendments will be in the best interests of the child.
Seek Legal Advice
Finally, the court will strictly define a schedule for visitation and issue it to the non-custodial parent. If you are a parent facing a visitation rights case, you are advised to consult with a child custody lawyer as soon as possible to ensure you and your child’s best interests are well-represented at court.
