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A Divorce Attorney And The Enforcement Of Your Visitation Rights

Are you looking to enforce your visitation rights? Hire a divorce attorney to help you navigate the legal process. With their skills and experience, they can advocate for your rights. Also, they ensure that you have regular and meaningful contact with your children. 

 

By hiring an attorney, you'll have someone who understands the intricacies of visitation rights and can guide you through any legal obstacles. Don't let visitation issues go unresolved – take action and hire today.

 

How Can A Divorce Attorney Enforce Visitation Rights?

An attorney focusing on family law is crucial for enforcing visitation rights during and after a divorce. They possess the knowledge and experience to navigate the complexities of the process and fight for your rights as a parent. 

 

Understanding The Visitation Order

Your attorney will review the visitation order issued by the court. They will ensure a clear understanding of the rights and obligations outlined in the order. Moreover, they will assess whether the other parent is violating the visitation order and identify the specific instances of non-compliance.

 

Documentation And Evidence

Your attorney will work with you to gather evidence of visitation violations. It may include keeping a detailed record of missed visitations and denied access to the child. Or any other instances where the other parent has interfered with your visitation rights. Documentation and evidence are crucial in building a solid case for enforcement.

 

Negotiation And Communication

In some situations, it may be possible to resolve visitation disputes through negotiation and communication. Your attorney can discuss with the other parent or their attorney to address the violations. You can also seek a resolution that upholds your visitation rights. They will protect your interests and work towards an agreement ensuring consistent visitation.

 

Filing A Motion To Enforce

If negotiation attempts fail or the violations persist, your attorney can file a motion with the court to enforce the visitation order. It will outline the violations and request the court's intervention to enforce your visitation rights. Your attorney will prepare the necessary legal documents and represent you during the enforcement proceedings.

 

Remedies And Enforcement Orders

Once in court, your attorney will present evidence of the visitation violations and argue for appropriate remedies. The court may impose various remedies to enforce visitation rights. It includes makeup visitation time, modification of the visitation schedule, supervised visitation, and counseling. Or even contempt of court charges against the non-compliant parent. Your attorney will protect your visitation rights and the child’s best interests.

 

Ongoing Monitoring And Enforcement

After the court issues an enforcement order, your attorney can assist in monitoring the other parent's compliance and taking further legal action if necessary. They will work to ensure to follow the visitation order consistently. And if violations persist, they can seek additional remedies or modifications as appropriate.

 

What Is Custody Law In Virginia?

Custody law in Virginia protects the child’s best interests when parents are going through a divorce or separation. Custody in Virginia has two categories: physical custody and legal custody.

 

Legal Custody

Legal custody means the authority to make decisions on behalf of the child. Some examples are a child's education, healthcare, and religious upbringing. The court favors joint legal custody in Virginia, where both parents share decision-making responsibilities. 

 

However, if one parent is deemed unfit or unable to make decisions in the child's best interests, the other parent may be awarded sole legal custody. In this case, noncustodial parents have visitation rights so they can be with their children as they grow up.

 

Physical Custody

Physical custody resolves issues such as where they will live and how they spend their time. Virginia recognizes both sole physical custody and joint physical custody arrangements. Sole physical custody is where the child lives with the other parent most of the time while the other parent has a schedule for visits. However, joint physical custody involves a more or less equal time between parents.

 

Summary

An attorney for divorce in Virginia can help with visitation rights in various ways. They gather evidence of violations and file a motion to enforce with the court. They also seek remedies such as makeup visitation, modification of the schedule, or contempt charges against the non-compliant parent.

 

Custody law in Virginia revolves around the best interests of the child. It encompasses legal custody, which involves decision-making authority. Virginia favors joint legal custody so two parents can be responsible for the upbringing of their children. Physical custody determines where the child will reside.

 

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The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
(703) 844-4118

www.TheIrvingLawFirm.com


Creation date: Sep 13, 2023 9:56am     Last modified date: Sep 13, 2023 10:04am   Last visit date: Jun 20, 2024 9:39am