Philadelphia Child Visitation Lawyer
Visitation is a vital child care issue typically resulting from the dissolution of a marriage. Whether the parent without primary custody, or extended family is seeking visitation rights, the court uses the same standard it does in most legal proceedings involving children: the best interests of the child. Therefore, if you are a party seeking Visitation rights, you should retain a knowledgeable family law attorney to pursue these rights on your behalf.
Extended Family Visitation Rights
Family law courts almost always determine that parental visitation is in the best interest of the child; assuming the parent is deemed competent and is not a safety risk to the child. However, grandparents, great-grandparents, step parents and siblings are not necessarily afforded the same consideration. They must meet certain standards in order to be due visitation.
It is standard for one of these conditions to be met in order for a Grandparent or Great-grandparent to have a chance at visitation rights:
- The child’s parent is deceased
- the parents have been separated for a period of at least six months and are seeking a Divorce or are already divorced, or
- the child lived with the grandparent for a period of at least 12 consecutive months
Step-parents standard: They have stood loco in parentis of the child, meaning in place of the parent, acting as the child’s primary guardian and taking on the legal responsibilities of being a parent. However, as mentioned previously, the key factor is the best interests of the child.
Siblings standard: Solely, what is in the best interest of the child.
Supervised Visitation Determination
If there is a concern over the child’s safety, it is possible that the court will order any child visitation with a particular party must be supervised. Generally, such a scenario exists when there is a history of abuse or neglect of the child by the parent, the parent has current criminal or drug problems, or the parent is not mentally capable of caring for the child. If it is determined that supervision is necessary, the court will appoint or approve an appropriate party.
Why Do I Need an Attorney?
In the event you are a parent trying to prevent another party from gaining visitation rights, it is important you retain counsel in order to convince the court that it is in the child’s best interest that the party be denied visitation. Attempting to deny visitation on your own is not an advisable course of action. You may be violating the law or court order, and thereby endanger your own parental rights.
If you yourself are a parent being denied visitation for any reason, whether by the court or the other parent, you need an aggressive family law attorney who will fight for your right to see your child.
Call The Law Offices of Greg Prosmushkin, P.C. to schedule a free consultation with one of our family law attorneys to discuss how we can help you in regards to your loved one. We will review the facts of the case, look to the law regarding your situation, and discuss what course of action to take. We will fight for your rights to see your child.
This content was written on behalf of Greg Prosmushkin.