Robert W. Davis, Jr.,
Attorney at Law
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Common visitation issues that could affect your divorce

On Behalf of | May 27, 2022 | Child Custody |

A divorce will change multiple areas of your life, including the time you have with your children. There is significant evidence to suggest that kids benefit when allowed to maintain strong relationships with both parents after a divorce, which means they need equitable access to you and your former spouse. It can be a challenging process to decide how your kids will split time between homes, and it is not always simple to reach a satisfactory arrangement out of court. 

Visitation and custody are some of the most emotional issues a Mississippi couple will address in a divorce. You and the other parent may have two distinct ideas of how visitation should work, and it may be helpful to understand your specific visitation rights as a parent. This is especially important if you will seek primary custody of your kids or have concerns about the other parent having visitation. 

Important facts about visitation 

When a court is deciding on issues related to visitation, the primary concern will always be the best interests of the children above all else. Any visitation schedule should also factor in the work schedules of both parents and any special needs of the kids. A judge may rule that a parent should have reasonable visitation, which means that it is likely up to the parents to decide how their unique visitation schedule should work. 

In some cases, a court may grant a parent fixed visitation. This schedule lays out the time and sometimes even the place where a non-custodial parent can have access to his or her child. For example, with this type of schedule, the non-custodial parent may have visitation every Wednesday and every other weekend. This type of visitation schedule can provide kids with a sense of certainty and stability, yet there is no one-size-fits all solution to the issue of visitation. 

What are your visitation rights? 

As a biological parent, you have certain rights. You are entitled to maintain the important role you have in the lives of your kids, and this means being able to see them regularly. You have visitation rights, and you also have the right to tenaciously pursue your desired outcome. Whether you are negotiating a visitation schedule with the other parent or you will rely on the court to make the final decision, knowing your rights can help you effectively protect your interests and those of your children. 


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