Jonesboro Visitation Attorneys Working Hard to Help You Protect Your Family
If you are heading to court or considering doing so to help determine visitation, we don’t have to tell you how daunting that can seem. It is instinct to want to remain a part of a child’s life, and it is imperative for their well-being. This can result in emotions running high and can make finding a reasonable solution feel heavy. It doesn’t have to be, and we can help.
Having many years of experience in visitation cases, OMG Law Firm is more than ready to assist you with your questions and help you to build a case that protects your rights and the rights of the child(ren) in question. Call us today at (870) 336-6505 to discuss the specifics of your case and determine how we can help.
How is Visitation Defined in Arkansas?
In the eyes of the courts, not only in Arkansas but throughout the United States, it is in the best interest of the child to have both parents present and participatory in the child’s life. Unfortunately, some parents are not capable of providing for their children physically, financially, or emotionally. This can ultimately result in denying visitation to a parent if the courts rule that it is not in the best interest of the child. Visitation is the right of the non-custodial parent to spend time with their child barring any extenuating circumstances.
What is Liberal Visitation?
In the event that the parents can establish that they can work together amicably now and in the future, liberal visitation can be granted. This means that the parents can work together to establish visitation schedules, the location of the visits, and the length of time the child spends with each parent. This can take some work from both parties to agree. However, it is incredibly appealing in that it provides flexibility for the parents and the child in terms of navigating life’s changes and not having to follow a set visitation schedule.
What is Standard Visitation?
When the parents aren’t able to reach an agreement on their own, judges may use what is known as the standard visitation guidelines to determine visitation. A set schedule is generally involved, factoring in holidays, school schedules, and more. This determination will be made in the final custody and visitation order.
What Do Courts Look at When Determining Visitation?
Making decisions that are in the best interest of the child is at the forefront of any judge’s mind. There isn’t a hard and fast set of “best interest” factors, but some of the items considered are listed below.
One of the factors that a judge will typically consider is the ability to provide a safe and clean home for the child. Are both parents able to provide this, or is it clear that one or the other has potential safety concerns in their homes that will affect the child?
The character and reputation of each parent are taken into consideration during this process as well. This can be a gray area, so it is beneficial to have a trusted team of attorneys who can help to establish your character and reputation, as well as other factors discussed here.
Does either parent have a criminal history? It doesn’t automatically follow that the judges will deny your visitation rights if you should have one, but it is taken into account and reviewed extensively to determine how long ago it was as well as the severity of the charges. A history of domestic violence, sexual abuse, or assault, for example, may result in a denial of rights altogether for that parent.
What are the abilities of each parent to provide financial and emotional support for the child? These are also factors as the security of the child in terms of the parent being financially and emotionally able to support the children as they mature is an important factor that judges will review.
Are there siblings involved? Where will they reside? This is another factor that will be considered as it can also be in the best interest of the child to have supportive siblings as they mature and navigate life. This is especially beneficial if they have lived with siblings in the past and the situation can remain constant, considering the changes in their lives during and after a divorce.
Is the child mature enough to express their preference for where they will reside and what visitation schedule they prefer? If deemed so by the courts, this is factored in as well but is not typically the sole reason the judge will make their decision.
How Can OMG Law Firm Help Me?
Preparation for your time in court with an experienced attorney can be vital in a judge’s decision. It is ultimately up to the courts, but working with a skilled professional at OMG Law Firm who can help you to see things you may not have thought of yet can mean saving time and money throughout this process. There may be negotiations that need to be made regarding visitation schedules, for example, that you can rely on one of our attorneys to assist you with, potentially allowing for liberal visitation rather than standard. There can also be a need for modifications to the visitation schedule that we can assist you with, or we can help protect your visitation rights once they are determined if they aren’t being followed as court-ordered. We can also assist with extended family and their visitation rights, helping to establish them or protect them as well.
Contact OMG Law Firm today at (870) 336-6505 to discuss the specifics of your case and begin the process. We are ready to help you get a plan in place that works for you and your child. We look forward to your call.