It can be hard to predict your visitation rights when you get divorced. Depending on the state in which you live, you may have joint or sole custody and various visitation schedules. If you’re looking to optimize your visitation rights, it’s essential to understand why divorce influences the length of those rights. This blog post will explore the reasons behind this phenomenon and offer tips on maximizing your visitation time.
What Are Visitation Rights?
Generally, the length of a spouse’s visitation rights is based on several factors, including the length of the marriage, whether there are children from the wedding, and the geographic location of each spouse. Generally speaking, married couples who have been married for fewer than two years typically enjoy shorter visitation rights than those who have been married for longer.
However, if spouses are located in different states or countries, courts will often take into account the proximity to one another and other relevant considerations to determine an appropriate visitation schedule. Additionally, courts will differentiate between parents who share joint custody arrangements and those who do not establish visitation parameters appropriate for each family situation.
Who Has Visitation Rights?
When a couple is divorced, the court may determine the number of different rights for each party regarding visitation. In most cases, the spouse with the most children has the right to visitation, and the length of that visitation may be based on several factors. In some cases, the court may require both spouses to visit their children together or take turns visiting them.
In general, courts are equitable in awarding access to children, so one spouse never automatically gets more visitation than the other. Suppose one spouse earns significantly more money than the other or has custody of their children less frequently due to work or school commitments. In that case, that party may be awarded more visitation time than usual.
What Are the Different Types of Visitation Orders?
After couples divorce, their visitation rights are often affected. Different types of visitation orders can be placed in a divorce settlement.
Visitation Can Be Ordered on an Individual Basis
This means one spouse will have sole access to the other spouse while they are both living. The order may also state that either spouse can take any number of days per week, week by week, or month by month. This type of order is referred to as “time-sharing.”
If the Couple Decides Not to Live Together Anymore
This means that each spouse is given complete and total non-access to the other for a set amount of time – usually six months or a year. This type of order is meant to give the couple space and time away from one another to heal and become friends again.
If the Couple Decides on Joint Custody
In this arrangement, both spouses have equal access to the other throughout the custody period – even after the child has been placed with one parent. Joint custody typically lasts until a final full court hearing on child custody issues or until one party terminates the joint custody agreement (usually through legal action).
Prevention of Contempt of Court
The phrase “contempt of court” may not be familiar, but it is an important legal concept. When one spouse disrespects or misuses the judicial process by acting in a way that shows contempt for the court’s authority, this can have dramatic consequences for their spouse’s visitation rights.
When determining whether grounds for contempt exist, the critical question is whether the party exercising contemptuous behavior “has exhibited an utter disregard for, or mockery of, the legitimate legal processes established to protect the best interests of children [or] family members.” Courts will also consider whether the misconduct was intentional and malicious and whether it led to substantial harm to either party or the children.
Several behaviors can lead to a finding of contempt. These include: making offensive statements about judges, jurors, or lawyers; making veiled threats against relatives; refusing to participate in legally-required custody evaluations; and interfering with visitation by deliberately obstructing communication.
Divorce can significantly impact the length of visitation rights that couples might be entitled to. Sometimes, one party will request shorter visitation rights than the other, citing what they believe are factors such as their new spouse’s busy schedule or parenting responsibilities. Couples must understand their legal rights and be prepared to argue for what they believe is rightfully theirs.