Visiting a Child Located Overseas
Divorce or separation may result in relocation of one or both the parents of a child. Parents’ movement to different states is not an easy process when it comes to child custody. Moving with the children can be a real headache if the parents do not know about the visitation rights in their states, and each state will differ as far as custody and visitation goes.
Parents visitation rights are set in every state of the US and everyone should know his/her rights before processing of the divorce.
There are different legal methods of child visitations and some are discussed as below:
Reasonable Visitation Schedule
The visitation rights of the parents are determined by the court during the prosecution of divorce cases and the court can give an option to both of the parents to come up with a proposed visitation plan. The parents are preferred to cooperate over the matter of visitation of the child because it facilitates both to work on their flexible schedules.
It is convenient for the parents to change the visitation time and place according to their work schedules to facilitate each other. In the reasonable visitation schedule, the total power lies in the hands of parents to reach at some workable solution. Like for example, both the parents can fix the visitation days on Saturday and Sunday for their own convenience.
However, it is only possible if both of the parents are able to communicate with each other for the legal custody of their children. A judge may intervene in the fixation of visitation rights of the couple only if they are unable to cooperate with each other for their rights.
In certain states, the judges may decide differently based upon legal precedent, so it’s important to know the custody and visitation laws of the state you live in.
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Fixed Visitation Schedule
A judge has the complete control over the visitation time if the parents cannot agree. He/she also has the authority to make a visitation schedule for the parents, should they not be able to come to terms that are agreeable to them both. As per the term, it explains that everything is authorized and fixed by the arbitrator. Most the courts suggest a fixed visitation schedule for the parents because of non-cooperation for the legal custody of their children.
Do Grandparents Have Rights of Visitation?
If you are searching for federal law to protect your rights as a grandparent, you will be hard-pressed to find any in the United States. While being a grandparent does come along with certain rights, like being able to adopt or take care of a grandchild should the need arise, but each state will differ when it comes to visitation rights for grandparents.
Some states are quite lax as far as visitation rights go, like in Connecticut, which allows anyone who has acted in a “parental” manner for sue for visitation, while in other states like Colorado it is quite hard for grandparents to sue for visitation to their grandchildren. However, if you are successful in your suit, typically a judge will determine the time and place that the visitation will occur.
The visitation time and place can be changed later if any of the parents do not follow the court visitation schedule. The flexibility to change the visitation time is defined in the law to allow parents more ways to accommodate their children later. Laws help both the parents and children to avoid mental and emotional stress during the visitation times. At the end, a judge always protects the interests of children and exercise his/her powers for the welfare of children.
There is a lot more that you must be aware of if you are in a situation and in between a battle of international child visitation.
To have peace of mind, consult the most experienced attorneys of Bukh Global who have played their part to the satisfaction of clients by receiving the courts’ verdicts positively.